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Brazil

Executive Summary

Brazil is a constitutional, multiparty republic governed by a democratically elected government. In 2018 voters chose the president, the vice president, and the bicameral national legislature in elections that international observers reported were free and fair.

The three national police forces – the Federal Police, Federal Highway Police, and Federal Railway Police – have domestic security responsibilities and report to the Ministry of Justice and Public Security (Ministry of Justice). There are two distinct units within the state police forces: the civil police, which performs an investigative role, and the military police, charged with maintaining law and order in the states and the Federal District. Despite the name, military police forces report to the Ministry of Justice, not the Ministry of Defense. The armed forces also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities at times did not maintain effective control over security forces. There were credible reports that members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by police; harsh and sometimes life-threatening prison conditions; arbitrary arrest or detention; violence against journalists; widespread acts of corruption by officials; lack of investigation of and accountability for violence against women; violence or threats of violence motivated by anti-Semitism; trafficking in persons; and crimes involving violence or threats of violence targeting members of racial minorities, human rights and environmental activists, members of racial and indigenous groups and other traditional populations, and lesbian, gay, bisexual, transgender, queer, or intersex persons.

The government prosecuted officials who committed abuses; however, impunity and a lack of accountability for security forces was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as for victims.

Section 2. Respect for Civil Liberties

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for convictions of corruption by officials and stipulates civil penalties for corruption committed by Brazilian citizens or entities overseas. There were numerous reports of corruption during the year at various levels of government, and delays in judicial proceedings against persons accused of corruption were common, often due to constitutional protections from prosecution for elected officials. This often resulted in de facto impunity for those responsible.

Corruption: The investigation of the Petrobras state oil company embezzlement scandal (Operation Carwash or Lava Jato), which began in 2014, officially ended in February. Despite the operation’s continued popularity with the public, the investigating task force was dissolved after widespread concerns regarding the process and fairness of the prosecutions. Some prosecutors were transferred to the organized crime unit of the Federal Public Ministry to continue their work. During its seven years of existence, Operation Carwash was responsible for 295 arrests and 278 convictions and saw R$ 4.3 billion ($769.6 million) in recovered funds returned to the government.

On April 30, a Rio de Janeiro Special Tribunal voted unanimously to impeach Rio de Janeiro Governor Wilson Witzel for involvement in the embezzlement scheme related to contracts for COVID-19 response, permanently removing him from office and making him ineligible for public office for five years. The impeachment followed an August 2020 decision by STF Minister Benedito Goncalves to remove Witzel from office for an initial period of 180 days on charges of corruption, money laundering, and obstruction of justice related to his role in a criminal organization that oversaw fraudulent expenditures and contracting in the state’s COVID-19 response.

On April 29, police arrested Marcus Vinicius Rebello Gomes, municipal secretary of health in Itatiaia, Rio de Janeiro State, and four other suspects for their participation in a criminal organization that oversaw fraudulent expenditures and contracting in the city’s COVID-19 response. On June 8, the state’s Court of Justice ruled that Itatiaia Mayor Imbere Moreira Alves, his chief of staff, and three municipal secretaries should be removed from office on corruption charges in the context of the COVID-19 pandemic response in the municipality

Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Many domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views. Federal and state officials in many cases sought the aid and cooperation of domestic and international NGOs in addressing human rights problems.

Government Human Rights Bodies: Some local human rights organizations were critical of the Ministry of Human Rights, stating that many positions were either unfilled or filled by individuals who did not support human rights and that the role of civil society in policy discussions had been severely reduced.

The Chamber of Deputies and the Senate had human rights committees and subcommittees that operated without interference and participated in several activities nationwide in coordination with domestic and international human rights organizations. Most states had police ombudsmen, but their accomplishments varied, depending on such factors as funding and outside political pressure.

The government operated several interministerial councils linking civil society to decision makers in the government on a range of human rights topics. Many of their activities were interrupted by the pandemic.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. In addition, the law criminalizes physical, psychological, and sexual violence against women, as well as defamation and damage to property or finances by someone with whom the victim has a marriage, family, or intimate relationship. The law defines femicide as homicide of a woman due to her gender, including but not limited to, homicide that escalated from other forms of domestic violence, discrimination, or contempt for women. The law stipulates a sentence of 12 to 30 years. According to NGOs and official data, there were 1,350 femicides in 2020, compared with 1,326 in 2019. According to the National Council of Justice, the number of new cases involving the killing of a woman rose 39 percent in 2020 to 2,788 cases, and courts imposed sentences in 2,016 cases of femicide in 2020 – a 24 percent decrease from the 2,657 sentences in 2019, due to process difficulties in light of the pandemic. According to the Brazilian Public Security Forum, in cases of femicide, the killer was a partner or former partner of the victim 81.5 percent of the time.

The state of Rio de Janeiro had a total of 42 victims of femicide in the first five months of the year according to the Institute of Public Security. The state of Bahia had 64 cases of femicide in the first six months, according to the Bahian Public Security Secretariat. The Espirito Santo Public Security Secretariat recorded 13 victims in the first five months of the year. The state of Minas Gerais recorded 67 victims of femicide from January to June and 70,450 victims of domestic violence during the same period.

On April 2, justice prosecutor Andre Luiz Garcia de Pinho killed his wife, Lorenza Maria Silva de Pinho. In July the Minas Gerais Court of Justice decided that de Pinho would be brought to trial for aggravated homicide. He remained in pretrial detention after a request for habeas corpus was denied.

NGO and public security representatives reported that, culturally, domestic violence was often viewed as a private matter and that survivors and bystanders often did not report cases of violence. On July 14, police arrested Iverson de Souza Araujo (also known as DJ Ivis), in Fortaleza after videos of assaults against his former wife, Pamella Holanda, were posted by her on her social media account. The public release of the video led to widespread public condemnation, and distribution contracts and music collaborations were cancelled.

According to NGOs and public security data, gender-based violence was widespread. According to the 15th Public Safety Yearbook released annually by the Brazilian Public Security Forum, there were 60,460 cases of rape in 2020. Due to underreporting, the actual number of cases was likely much higher. The state of Sao Paulo recorded an average of 34 cases of rape per day in the first quarter of the year, 7 percent higher than the same period of 2020, according to a survey conducted by the NGO Instituto Sou da Paz. Data showed that 75 percent of the victims were girls younger than age 14.

Each state secretariat for public security operated police stations dedicated exclusively to addressing crimes against women. State and local governments also operated reference centers and temporary women’s shelters, and many states maintained domestic violence hotlines. In January, Rio de Janeiro State’s Civil Police announced a new hotline for victims of gender-based violence in an effort to reduce instances of feminicide. During the pandemic the court of justice in the state of Piaui invested in campaigns and online assistance to facilitate access for victims of violence. There were several ways to denounce domestic violence: through the Salve Maria application or calling the Francisca Trindade Center, Maria da Penha Patrol, Esperanca Garcia Institute, Ombudsman of the Public Ministry of Piaui, or Public Defender’s Office. In April in the state of Piaui, requests for protective measures for women victims of domestic violence increased more than 30 percent, compared with the same period in 2020.

During the first quarter of the year, the state of Rio Grande do Sul saw a 375 percent increase in preventive arrests for domestic violence, compared with the same period of 2020. A key factor contributing to this increase was the rise of information sharing with the government through electronic means, such as WhatsApp and Online Police. The state also inaugurated an additional 17 salas das margaridas, a dedicated space within police stations to receive women at risk, bringing the total in Rio Grande do Sul to 40.

In July 2020 Rio de Janeiro’s then governor Witzel signed a bill that temporarily authorized gun permit suspensions and weapons seizures in cases of domestic violence and femicide during the COVID-19 pandemic. Authorities cited concerns that quarantine could lead to increases in domestic violence cases involving weapons. According to Rio de Janeiro’s Public Security Institute, as of June 2020 domestic violence calls to the military police aid hotline had increased by 12 percent, in comparison with the same period the previous year. In August 2020 a police operation resulted in the arrest of 57 suspects accused of domestic violence.

The law recommends health facilities contact police regarding cases in which a woman was harmed physically, sexually, or psychologically and instructs police to collect evidence and statements should the victim decide to prosecute. Despite these protections, allegations of domestic violence were not always treated as credible by police.

Sexual assault and rape of minors was widespread. In 2020, 44,400 cases of rape and rape of vulnerable minors were registered, representing 60.6 percent of the total number of rape cases. A “vulnerable” victim is defined as a person younger than age 14, or who is considered physically, mentally, and therefore legally incapable of consenting to sexual intercourse. According to the 15th Brazilian Yearbook of Public Security, 54 percent of these victims were 11 years old or younger.

In Dourados, Mato Grosso do Sul, a group of five men (two adults and three adolescents) raped and killed an 11-year-old Kaiowa indigenous girl in August. Police arrested the perpetrators, who confessed the crimes, and indicted them on charges of rape of a vulnerable person, femicide, and aggravated homicide. One of them, the girl’s uncle, died in prison three days later, and police were investigating the case as a possible suicide.

On March 12, the STF unanimously decided to invalidate the use of the “legitimate defense of honor thesis” in cases of femicide. The 11 STF justices assessed this thesis contradicts constitutional principles of human dignity, protection of life, and gender equality and, therefore, cannot be applied in jury trials as a defense argument in cases of femicide. The legitimate defense of honor thesis was used in jury courts to largely absolve men who killed women to “protect their own honor,” for example in cases of betrayal in romantic relationships.

On July 28, the federal government approved a law that includes the crime of psychological violence against women in the penal code, assigning a punishment of six months’ to two years’ imprisonment and a fine. The text approved by Congress defines the crime as: “Causing emotional damage to women that can harm and disturb them, or their full development, or that aims to degrade or control their actions, behaviors, beliefs and decisions, through threat, embarrassment, humiliation, manipulation, isolation, blackmail, ridicule, limitation of the right to come and go, or any other means that harm their psychological health and self-determination.”

On May 10, the government of the state of Alagoas inaugurated A Casa da Mulher Alagoana. The center serves women victims of domestic violence and provides professional psychology, advocacy, and social care services. Victims may file a police report and request protective measures in-person at the facility, as well as receive temporary shelter.

In the state of Ceara, the Women’s Reference Center, which offers a psychologist, lawyer, and social worker service and partnership with the Maria da Penha Patrol, received 240 requests for assistance in 2020, but within the first four months of 2021 it responded to 142 requests. According to the center’s director, most victims were financially dependent on their partner, which deepened during the COVID pandemic.

Sexual Harassment: Sexual harassment is a criminal offense, punishable by up to two years in prison. The law includes actions performed outside the workplace. NGOs reported sexual harassment was a serious concern, and perpetrators were infrequently held accountable. A 2019 study conducted by research institutes Patricia Galvao and Locomotiva with support from Uber found that 97 percent of women had experienced sexual harassment on public transportation, in taxis, or while using a rideshare application.

On June 15, the National Council of Justice ruled that Judge Glicerio de Angiolis Silva from Rio de Janeiro’s Court of Justice should be removed from the bench for two years for morally and sexually harassing public workers and interns at the court of Miracema, in the northwestern part of the city of Rio de Janeiro, in 2015. The victims reported that the judge asked them to send him photographs of them in bikinis, asked them out, and requested them to work late with no reasonable purpose. By law the judge was still entitled to receive his salary while away from his regular duties.

In June the Rio Grande do Sul Civil Police opened an investigation into plastic surgeon Klaus Wietzke Brodbeck on suspicion of sexually abusing more than 95 women patients, including one sedated patient he allegedly raped after surgery.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The government provided access to sexual and reproductive health services for sexual violence survivors, including emergency contraceptives and termination of pregnancy as provided for by law. According to the UN Population Fund (UNFPA), persons in remote regions experienced difficulty accessing reproductive health services.

According to UNFPA, in 2020, 89 percent of women of reproductive age had their need for family planning satisfied with modern methods, and skilled health personnel attended to 99 percent of births from 2014 to 2019. UNFPA also reported that adolescent birth rate per 1,000 girls for those between the ages of 15 to 19 averaged 53 births for the period of 2003 to 2018. The Ministry of Health reported that the maternal mortality ratio averaged 59 deaths per 100,000 live births as of 2018 and was higher among Black women than among white women. Data published in May by the Oswaldo Cruz Foundation found that the risk of death of pregnant brown and Black women from COVID-19 was almost twice that of white women and noted that Black women were less likely to have gynecological and prenatal care and travelled farthest to reach a maternity ward.

In May, UNICEF and UNFPA published a report on menstrual poverty experienced by Brazilian girls who lived in conditions of poverty and vulnerability, sometimes without access to basic sanitation services, hygiene resources, and minimal knowledge about the body. More than 700,000 girls had no access to a bathroom or shower in their homes. More than four million girls experienced at least one deprivation of hygiene in schools, including lack of access to feminine care products and basic facilities such as toilets and soap. Nearly 200,000 of these students were completely deprived of the minimum conditions to handle menstruation at school. A study from Girl Up Brazil, a network to end menstrual poverty in the country, found that one in four girls had missed school because they lacked access to feminine products.

In October, President Bolsonaro signed a law to create the Program for the Protection and Promotion of Menstrual Health, a strategy to promote health and attention to feminine hygiene and aims to combat lack of access to hygiene products related to menstruation. The president vetoed a provision contained in the measure to provide free basic hygiene products to low-income students, persons living on the streets, and prisoners because he said the legislation did not establish a funding source. In November the Foreign Trade Chamber reduced the import tax rate from 12 to 10 percent on sanitary pads and baby diapers to make the products more affordable to consumers.

Discrimination: The law provides for the same legal status and rights for women as for men in all circumstances. The law does not require equal pay for equal work. According to the International Labor Organization, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Sexual harassment in the workplace is illegal, but the law was not effectively enforced.

Systemic Racial or Ethnic Violence and Discrimination

The law prohibits racial discrimination, specifically the denial of public or private facilities, employment, or housing to anyone based on race. The law also prohibits the incitement of racial discrimination or prejudice and the dissemination of racially offensive symbols and epithets, and it stipulates prison terms for such acts.

Approximately 57 percent of the population self-identified as belonging to categories other than white. Despite this high representation within the general population, darker-skinned citizens, particularly Afro-Brazilians, encountered discrimination. They experienced a higher rate of unemployment and earned average wages below those of whites in similar positions. There was also a sizeable education gap. Afro-Brazilians were disproportionately affected by crime and violence.

In November 2020 a Black man was beaten to death by security guards outside a Carrefour supermarket in Porto Alegre, Rio Grande do Sul. The two guards, including an off-duty Military Police officer, were arrested for assaulting and killing Joao Alberto Silveira Freitas. The attack was filmed by witnesses and generated outcry nationally, mobilizing a series of protests across the country. Carrefour condemned the act, terminated its contract with the company that hired the guards, and promised to take measures promoting diversity and inclusion, including the creation of an “antiracist plan” to provide training and protocol for employees with an emphasis on welcoming clients, guidance for valuing human rights and diversity, and combating racism. Carrefour also committed to diversifying hiring practices and setting a requirement to hire at least 30,000 Black workers in three years. In June, Carrefour signed an agreement with the prosecutor’s offices, the public defender’s offices, Educafro, and the Santo Dias Human Rights Center and agreed to invest R$115 million ($20.6 million) in human rights organizations in payment for collective moral damages. The funds were to support undergraduate and graduate scholarships for Afrodescendant students; scholarships for language and technology courses; social inclusion and Black entrepreneurship projects; the establishment of a museum at the Valongo Wharf in Rio de Janeiro, the main gateway for enslaved Africans who arrived in the country; and public funding for justice institutions and entities.

In February, Sao Paulo Military Police Lieutenant Colonel Evanilson Correa de Souza suffered racist verbal abuse while speaking at an online international conference organized by the University of Sao Paulo. The police officer, who is Black, was speaking about the program to combat racism within police forces in Sao Paulo when one of the participants started writing insults on the shared screen. The aggressor also used pornographic images to cover the colonel’s presentation.

The law provides for quota-based affirmative action policies in higher education, government employment, and the military. Nevertheless, Afro-Brazilians were underrepresented in the government, professional positions, and middle and upper socioeconomic classes.

Many government offices created internal committees to validate the self-declared ethnicity claims of public-service job applicants by using phenotypic criteria, assessing “Blackness” to reduce abuse of affirmative action policies and related laws. University administrators regularly conducted investigations and expelled students for fraudulently claiming to be Black or brown to claim racial quota spots in universities. Statistics showed university racial-quota policies were beginning to have a positive impact on educational outcomes for Afro-Brazilians. For example, data analysis from the National Household Sample Survey showed that in 2019 Black women (28 percent of the population) made up 27 percent of students in public higher education, an increase of 8 percent since 2001.

Indigenous Peoples

According to data from the National Indigenous Foundation (FUNAI) and the 2010 census, there were approximately 896,000 indigenous persons, representing 305 distinct indigenous ethnic groups that spoke 274 distinct languages.

The constitution grants the indigenous population broad protection of their cultural patrimony and use of their territory; however, indigenous lands and all aboveground and underground minerals as well as hydroelectric power potential belong to the government. Approximately 14 percent of the country’s land area is designated as indigenous territory.

Indigenous peoples have the exclusive possession and land use rights in their traditional lands. Requests to exploit mineral and water resources, including ones with energy potential, on indigenous lands must be approved by Congress, in consultation with the indigenous communities. Despite several proposals, Congress had not approved legislation that rules and regulates these activities. The exploitation of natural resources on indigenous territory by nonindigenous persons is illegal.

Beginning in 2019, tension and provocative rhetoric increased between the Bolsonaro administration and many indigenous leaders regarding the extent of indigenous protections and rights. On June 28, in a report presented at the 47th regular session of the UN Human Rights Council, Alice Wairimu Nderitu, special adviser for the prevention of genocide, cited Brazil as a genocide risk.

On August 9, indigenous leaders accused President Bolsonaro of genocide at the International Criminal Court in the Hague in response to the deaths of 1,162 indigenous individuals from 163 communities during the COVID-19 pandemic. The leaders also argued that the dismantling of government institutions charged with social and environmental protection had triggered invasions of indigenous lands, deforestation, and fires in the biomes.

Through a series of decisions by the Ministry of Health and the STF, beginning in January, indigenous persons were prioritized for COVID-19 immunizations. The government initially focused on vaccines for indigenous persons in officially demarcated territories and later expanded preferential access to indigenous persons living in cities or other areas. By June, according to the Ministry of Health, 72 percent of the eligible indigenous population residing in indigenous areas was fully vaccinated, compared with a 39 percent fully vaccinated rate for the overall population as of September 3.

NGOs claimed the lack of regulation and attempts to create new legislation or change existing legislation to promote economic development, along with impunity in cases of illegal land invasions, resulted in the illegal exploitation of natural resources. The NGO Instituto Socioambiental reported more than 20,000 miners were illegally extracting gold from the Yanomami indigenous lands in Roraima State. According to a report during the year released by the indigenous NGO Missionary Council, there were 263 cases of illegal invasions and exploitation of natural resources on 253 indigenous territories in 19 states in 2020. A MapBiomas study released in August showed that the area of illegal mining in indigenous lands and conservation areas expanded 495 percent from 2010 to 2020. In March the Federal Police led an operation to shut down a large illegal mining camp in Yanomami lands in Roraima. Officials compared the illegal camp on Yanomami lands to a small city capable of housing more than 2,000 persons, with markets, restaurants, and a dental office.

Illegal land invasions often resulted in violence and even death. According to reporting by the Pastoral Land Commission, a Catholic NGO that represents rural workers on land rights, there were 1,083 cases of violence related to land disputes in 2020, impacting more than 130,000 families, compared with 1,254 incidents that affected 144,741 families in 2019. There were 178 invasions into territories in 2020, in comparison with only nine in 2019. Most of the victims of these invasions were indigenous persons (54.5 percent), while 11.8 percent of the invasions took place in quilombola communities. Among the conflicts noted in the report, there were 18 killings of indigenous persons (39 percent of the victims), and 12 of 35 victims of attempted homicide were indigenous.

In May the Hutukara Yanomami Association reported a series of attacks against the Palimiu community in Roraima by illegal miners, and media reports indicated that one indigenous person and four miners were shot and wounded. Yanomami leaders reported that two children, ages one and five, drowned during the attack. A federal court ruled on May 13 that the government should keep permanent troops in place to prevent conflict. The Federal Police and the army visited the site, conducted operations to halt mining operations, and seized equipment.

According to the Missionary Council report, there were 182 killings of indigenous persons in 2019 – a 61 percent increase, compared with 113 cases in 2018. In May 2020 the Federal Public Ministry accused two indigenous men, Nilson Carneiro Sousa Guajajara and Eduardo dos Santos Guajajara, of killing indigenous leader and environmental and human rights defender Zezico Rodrigues Guajajara in March in Arame, Maranhao State. The victim was the fifth such killing of an indigenous Guajajara in as many months. Rodrigues worked as director of the Indigenous School Education Center and fought environmental crimes. According to indigenous leaders in the region, he reportedly received death threats and formally complained to FUNAI and the Federal Police.

On February 12, state troopers shot indigenous leader Isaac Tembe in Alto Rio Guama, Para State. According to media reports, Tembe, a leader of the Tenetehara people, was hunting with community members in an area near the Alto Rio Guama when military police officers shot at them. Tembe was killed as the group tried to escape into the woods. According to the Para State Department of Public Security, police were called to investigate cattle theft in the region and, upon arrival at the scene, they heard shots and returned fire in self-defense. According to the local indigenous population, Tembe did not have a gun. The Federal Public Ministry and an internal affairs office from the military police were investigating, but the indigenous group requested the case be federalized due to potential bias by local police and courts.

As of August there were 568 areas of land claimed by indigenous peoples in different stages of the demarcation process: 441 were fully approved and officially recognized and 127 remained under review. Various indigenous groups protested the slow pace of land demarcations. As of October no indigenous lands had been approved under the Bolsonaro administration, aligning with his pledge when he entered office to not increase indigenous land designations.

Throughout the year indigenous groups protested in Brasilia and in state capitals to protect their ancestral lands. In June an estimated 500 to 850 members of indigenous groups protested in Brasilia to demand that Congress cease consideration of a bill that proposes additional requirements and barriers for demarcation of indigenous lands. Protesters broke down security barriers placed to prevent entry into the federal Chamber of Deputies due the pandemic, and chamber security forces responded with tear and pepper gas, while the protesters allegedly shot arrows at the security guards. According to the indigenous groups, security forces also fired rubber bullets, an accusation the chamber denied. Three officers and at least three protesters were wounded and referred to local hospitals. The chamber’s vote on the bill in its Constitution and Justice Committee was postponed until June 23, when it was approved. The bill requires approval in the chamber before moving on to the Senate.

As of November the STF continued to review a case that analyzes the “cutoff date for land claims” thesis, which holds that indigenous peoples can only claim lands on which they were present on October 5, 1988, the day the constitution was promulgated. The decision will set precedent, impacting already completed, ongoing, and future land demarcation processes. On August 22, 6,000 indigenous leaders and supporters camped on Brasilia’s main mall for several days to bring attention to the case and call on the STF to rule against the case. Members of Congress said they would continue with their bill seeking similar timebound requirements irrespective of the STF decision.

The quilombola population – descendants of escaped African slaves – was estimated to include 6,000 communities and five million individuals, although the government had no official statistics. The constitution recognizes quilombola land ownership rights. Nearly 3,000 communities were registered, but fewer than 140 had been granted land titles by the government.

Quilombola representatives and partner organizations reported that members of these communities suffered higher mortality rates due to COVID-19 than the rest of the country’s population. According to a partnership between the NGOs ISA and National Coordination for the Articulation of Quilombola Communities (CONAQ), the case mortality rate due to COVID-19 in quilombola communities as of August 18 was 5.3 percent. In comparison, as of August the Ministry of Health reported case mortality rates due to COVID-19 in the entire country averaging 2.8 percent and in the northern region, where most indigenous peoples lived, 2.5 percent. As of September 3, the Ministry of Health estimated that 36 percent of quilombolas had been fully vaccinated. Although the government provided quilombola individuals with priority status, in some cases local municipalities did not recognize their priority status or local vaccination sites were not certified, according to research by CONAQ.

Quilombola communities faced systemic challenges such as endemic poverty, racism, violence, threats against women, and threats against community leaders, as well as limited access to essential resources and public policies. According to CONAQ, Black populations had a higher rate of diseases that further aggravated the effects of COVID-19, such as diabetes and high blood pressure. The precarious access to water in many territories was a cause for concern, as it also hindered hygiene practices. Civil society leaders also cited concerns about food insecurity in quilombola communities. The communities claimed that health officials did not conduct sufficient contact tracing or testing there, compared with the general population.

Children

Birth Registration: Citizenship is derived from birth in the country or from birth to a Brazilian citizen parent. Parents are required to register their newborns within 15 days of the birth or within three months if they live more than approximately 20 miles from the nearest notary. Nevertheless, many children did not have birth certificates.

Child Abuse: The law prohibits child abuse and negligence, but enforcement was often ineffective, and abuse was widespread. According to data from the National Human Rights Ombudsman, in the first six months of the year, the country registered 47,416 reports of crimes against children and adolescents, compared with 53,525 in the first half of 2020. Of these, 121 were from mistreatment, and 52 were from sexual abuse, such as rape or harassment. The total number of reports in 2020 was 124,839 – a 47 percent increase over 2019 – and experts suspected that pandemic closures resulted in significant underreporting.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 (or 16 with parental or legal representative consent). The practice of early marriage was common. A study of child marriage in the northeastern states of Bahia and Maranhao found that pregnancy was the main motivation for child marriage in 15 of 44 cases. According to a 2020 UNICEF report, 26 percent of women between the ages of 20 and 24 were married by age 18.

Sexual Exploitation of Children: Sexual exploitation of children, adolescents, and other vulnerable persons is punishable by four to 10 years in prison. The law defines sexual exploitation as child sex trafficking, sexual activity, production of child pornography, and public or private sex shows. The government enforced the law unevenly. The law sets a minimum age of 14 for consensual sex, with the penalty for statutory rape ranging from eight to 15 years in prison.

The Alagoas state government invested in campaigns to raise public awareness of the increase of sexual abuse of children and adolescents, largely within the same family, during the pandemic. From January to March, 211 cases of child sexual abuse were registered in the state, an increase from 186 during the same period in 2020.

In Maranhao State, the Department of Health Care for Children and Adolescents carried out a campaign with the theme “You report it, we take care of it” to improve assistance for victims of child sexual abuse. The state registered 99 cases of pregnant children younger than age 14 in 2019 and again in 2020.

The country was a destination for child sex tourism. While no specific laws address child sex tourism, it is punishable under other criminal offenses. The country was a destination for child sex tourism. In addition girls from other South American nations were exploited in sex trafficking in the country.

The law criminalizes child pornography. The creation of child pornography carries a prison sentence of up to eight years and a fine. The penalty for possession of child pornography is up to four years in prison and a fine. In June the Ministry of Justice coordinated Brazil’s participation, carried out by state civil police forces, in an international operation to combat crimes of child sexual abuse and exploitation on the internet. The operation carried out 176 search and seizure warrants in 18 states and five countries and resulted in the arrests of 39 individuals in Brazil.

Displaced Children: According to UNICEF, in 2020 refugee support organizations identified more than 1,577 unaccompanied Venezuelan children and adolescents in Pacaraima, Roraima State, and in the first three months of the year the number reached 1,071. According to civil society contacts, some of these minors were at risk of being trafficked or sexually exploited. Local child protection services offices act as legal guardians so unaccompanied adolescents can go to school and obtain identification papers to access the public health system. In some areas, however, they could not accommodate the influx of children. State shelters in Roraima, the state where most migrants entered the country, could house a maximum of 15 adolescent boys and 13 adolescent girls. According to a 2019 Human Rights Watch report, some unaccompanied children ended up living on the streets, where they may be particularly vulnerable to abuse or recruitment by criminal gangs.

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/reported-cases.html.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities, and the federal government generally enforced these provisions. While federal and state laws mandate access to buildings for persons with disabilities, states did not enforce them effectively. The law requires private companies with more than 100 employees to hire 2 to 5 percent of their workforce from persons with disabilities. According to the 2010 census, only 1 percent of those with disabilities were employed.

The Inclusion of Persons with Disabilities Act, a legal framework on the rights of persons with disabilities, seeks to promote greater accessibility through expanded federal oversight of the City Statute (a law intended to foster the safety and well-being of urban citizens, among other objectives). The act also includes harsher criminal penalties for conviction of discrimination based on disability and inclusive health services with provision of services near residences and rural areas.

The National Council for the Rights of Persons with Disabilities and the National Council for the Rights of the Elderly have primary responsibility for promoting the rights of persons with disabilities. The lack of accessible infrastructure and school resources significantly limited the ability of persons with disabilities to participate in the workforce. Data released by the Brazilian Institute of Geography and Statistics in August revealed that individuals with a disability were less likely to complete education at all levels. More than half of individuals with a disability, 67 percent, had no education or incomplete primary education, compared with 31 percent of those with no disability. Similarly, only 16 percent of persons with disabilities completed high school, compared with 37 percent of persons without disabilities. Five percent of the disabled population older than age 18 had a complete higher education, while 17 percent of those without disabilities did.

Civil society organizations acknowledged monitoring and enforcement of disability policies remained weak and criticized a lack of accessibility to public transportation, weak application of employment quotas, and a limited medical-based definition of disability that often excludes learning disabilities.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Violence against LGBTQI+ individuals was a serious concern. While violence against LGBTQI+ individuals generally had declined yearly since 2017, violence specifically targeting transgender individuals increased. The Federal Public Ministry is responsible for registering reports of crimes committed based on gender or sexual orientation but reportedly was slow to respond. Transgender individuals were particularly at risk of being the victims of crime or committing suicide.

According to a July report by the National Association of Travestis and Transsexuals, based on reports from LGBTQI+ organizations across the country, 80 transgender individuals were killed in the first six months of the year. The largest number of cases occurred in the states of Bahia, Ceara, Minas Gerais, Rio de Janeiro, and Sao Paulo. Victims were mostly Afro-Brazilians younger than age 35. In 2019 and 2020, there were 124 and 175 killings of transgender persons, respectively. According to some civil society leaders, underreporting of crimes was likely because many LGBTQI+ persons were afraid they might experience discrimination or violence while seeking services from law enforcement authorities.

On June 24, a 17-year-old youth killed Roberta Nascimento da Silva, a homeless transgender woman, in Recife – the fourth transgender woman killed in Pernambuco State within one month. The teenager threw alcohol on the woman while she slept on the street and set her on fire. Police apprehended the assailant and charged him with an “infractional act” (because the act was committed by a minor) analogous to attempted aggravated homicide. The teenager was being provisionally held in juvenile detention awaiting sentencing. Authorities did not confirm if the case would be registered as a homophobic or transphobic crime, but Recife Mayor Joao Campos expressed regret at the transgender woman’s death and stated the city would seek to expand services to the LGBTQI+ population with a new shelter to be named in Roberta’s honor.

In July, four men convicted of the murder of Emanuelle Muniz, a transgender woman, were issued prison sentences of up to 35 years for rape, murder, and robbery. The assailants, who remained in prison following their apprehensions in 2017, received substantial prison sentences, ranging from 26 to 35 years.

No specific law prohibits discrimination against LGBTQI+ persons in essential goods and services such as health care. In 2019, however, the STF criminalized discrimination based on sexual orientation and gender identity. Offenders face sentences of one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if the offender disseminates the incident via social media thereby exposing the victim. In October the Regional Federal Court of Rio de Janeiro instructed the armed forces to recognize the social name of transgender military personnel and prohibited compulsory removal of service members for “transsexualism.”

In the Northeast there was an effort to raise civil society awareness against homophobia; to train civil and military police to provide more humanized care to the victims of violence; and to implement reference centers for legal, psychological, and social assistance to the LGBTQI+ community. The Recife Municipal Reference Center offered specialized services with a qualified team of psychologists, social workers, and lawyers for LGBTQI+ individuals.

NGOs cited lack of economic opportunity for LGBTQI+ persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTQI+ employees, and 90 percent of transgender women engaged in prostitution because they could find no employment alternative. Transgender women often paid human traffickers for protection and daily housing fees. When they were unable to pay, they were beaten, starved, and forced into commercial sex. Traffickers exploited transgender women, luring them with offers of gender reassignment surgery and later exploiting them in sex trafficking when they were unable to repay the cost of the procedure.

According to some LGBTQI+ leaders, the COVID-19 pandemic severely limited the LGBTQI+ population’s access to public health and mental health resources, and many were in abusive domestic situations with families that did not support them. According to some civil society sources, LGBTQI+ workers, who were more likely to work in the informal economy, lost their jobs at a much higher rate than the general population during the pandemic. In the states of Pernambuco, Paraiba, and Ceara, several donation campaigns were carried out to assist vulnerable LGBTQI+ populations, including donation of food baskets, hygiene kits, and clothes.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for freedom of association for all workers (except members of the military, military police, and firefighters); the right to bargain collectively with some restrictions; and the right to strike. The law limits organizing at the enterprise level. By law the armed forces, military police, and firefighters may not strike. The law prohibits antiunion discrimination, including the dismissal of employees who are candidates for, or holders of, union leadership positions, and it requires employers to reinstate workers fired for union activity.

New unions must register with the Ministry of Economy, which accepts the registration unless objections are filed by other unions. The law stipulates certain restrictions, such as unicidade (in essence, one union per occupational category per city), which limits freedom of association by prohibiting multiple, competing unions of the same professional category in a single geographical area. Unions that represent workers in the same geographical area and professional category may contest registration.

The law stipulates that a strike may be ruled “disruptive” by the labor court, and the union may be subjected to legal penalties if the strike violates certain conditions, such as if the union fails to maintain essential services during a strike, notify employers at least 48 hours before the beginning of a walkout, or end a strike after a labor court decision. Employers may not hire substitute workers during a legal strike or fire workers for strike-related activity, provided the strike is not ruled abusive.

The law obliges a union to negotiate on behalf of all registered workers in the professional category and geographical area it represents, regardless of whether an employee pays voluntary membership dues. The law permits the government to reject clauses of collective bargaining agreements that conflict with government policy, and it includes collective bargaining rights, such as the ability to negotiate a flexible hourly schedule and work remotely.

Freedom of association and the right to collective bargaining were generally respected. Collective bargaining was widespread in establishments in the private sector. Worker organizations were independent of the government and political parties. In the view of expert NGOs working in this field, the government usually effectively enforced applicable laws, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits “slave labor,” defined as “reducing someone to a condition analogous to slavery,” including subjecting someone to forced labor, debt bondage, exhausting work hours, and labor performed in degrading working conditions.

Many individuals in slave labor, as defined by the country’s law, were victims of human trafficking for the purpose of forced labor. The government took actions to enforce the law, although forced labor occurred in a number of states. Violations of forced labor laws are punishable by up to eight years in prison, but this was often not sufficient to deter violations. The law also provides penalties for various crimes related to forced labor, such as illegal recruiting or transporting workers or imposing onerous debt burdens as a condition of employment. Every six months the Ministry of Economy publishes a “dirty list” of companies found to have employed forced labor. Although fewer names were included during the year due to COVID-related processing delays, in April the updated list included 19 new companies and owners from a range of sectors such as cattle ranching and livestock, agriculture, mining, and construction; in October an additional 13 entities were added, including a retired attorney, a former mayor, and a construction service company. Public and private banks use the list to conduct risk assessments, and inclusion on the list prevents companies from receiving loans from state-owned financial institutions. The Labor Prosecutor’s Office, in partnership with the International Labor Organization (ILO), maintained an online platform that identified hotspots for forced labor. The Ministry of Economy’s Mobile Labor Inspection Unit teams conducted impromptu inspections of properties where forced labor was suspected or reported, using teams composed of labor inspectors, labor prosecutors from the Federal Labor Prosecutor’s Office, and Federal Police officers. Mobile teams levied fines on landowners who used forced labor and required employers to provide back pay and benefits to workers before returning the workers to their municipalities of origin. Labor inspectors and prosecutors, however, could apply only civil penalties; consequently, many cases were not criminally prosecuted.

Forced labor, including forced child labor, was reported in jobs such as clearing forests to provide cattle pastureland, logging, producing charcoal, salt industries, mining, raising livestock, and other agricultural activities. Forced labor often involved young men, notably Afro-Brazilian men, drawn from the less-developed northeastern states – Maranhao, Piaui, Tocantins, and Ceara – and the central state of Goias to work in the northern and central-western regions of the country. In addition there were reports of forced labor in the construction industry. News outlets reported cases that amounted to forced labor in production of carnauba wax. Cases of forced labor were also reported in the garment industry in the city of Sao Paulo; the victims were often from neighboring countries, such as Venezuela, Bolivia, and Paraguay, while others came from Haiti, South Korea, and China.

Media also reported cases of forced labor of domestic workers in wealthy urban households. In November 2020 the Public Ministry rescued 48-year-old Madalena Gordiano from domestic servitude 38 years after she began working for a Minas Gerais family as a child. The victim was exploited by a university professor and his family, working from 2 a.m. until 8 p.m. daily without a salary, benefits, or days off. Later, in her twenties, she was forced to marry an elderly relative of the employer with a pension, which was taken by her employers after his death. Although the total amount due to the victim was calculated to be R$2.2 million ($394,000), at a July virtual regional labor court hearing, she accepted an offer of R$690,100 ($124,000) to be fulfilled by the transfer of the family’s apartment to her, the purchase of a new car, and an additional R$20,000 ($3,600). The victim was also to receive the monthly pension to which she is entitled through the marriage, worth R$8,400 ($1,500) per month. The agreement was the largest individual agreement made to a person rescued from slave labor. The victim filed administrative and criminal proceedings against other family members, which the Federal Public Ministry was investigating.

During the first six months of the year, labor inspectors rescued 772 victims of slave labor – 80 percent of the previous year’s total. In 2020 authorities conducted 266 labor inspections and identified 942 victims of labor exploitation, compared with 280 labor inspections and the identification of 1,130 victims of labor exploitation in 2019. According to expert NGOs working in this field, penalties for slave labor were not commensurate with those for other analogous serious crimes such as kidnapping. A study published in 2020 by the Slave Labor and Trafficking in Persons Clinic of the Federal University of Minas Gerais showed that only 4.2 percent of those accused were held criminally responsible for the crime of subjecting workers to contemporary slavery.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The definitions of crimes involving child sex trafficking require the use of threats, violence, coercion, fraud, or abuse, which does not meet international standards. The minimum working age is 16, but apprenticeships may begin at age 14. The law bars all minors younger than 18 from work that constitutes a physical strain or occurs in unhealthy, dangerous, or morally harmful conditions. Hazardous work includes an extensive list of activities within 13 occupational categories, including domestic service, garbage scavenging, and fertilizer production. The law requires parental permission for minors to work as apprentices. The Ministry of Economy’s Special Mobile Inspection Group is responsible for inspecting worksites to enforce child labor laws. Penalties were insufficient to deter violations. Most inspections of children in the workplace were driven by complaints brought by workers, teachers, unions, NGOs, and media. Due to legal restrictions, labor inspectors remained unable to enter private homes and farms, where much of the child labor allegedly occurred. The government did not always effectively enforce the law.

In 2020 labor inspectors found situations of child labor during 279 investigations, involving 810 children. According to data collected by UNICEF in Sao Paulo among vulnerable families, child labor worsened during the pandemic. UNICEF conducted a survey of data on the income and work situation of 52,744 vulnerable families from different regions of Sao Paulo who received donations from the organization and its partners. The data collected from April to July 2020 identified a 26 percent increase in child labor when comparing May and July.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination based on race, sex, gender, disability, religion, political opinion, natural origin or citizenship, age, language, and sexual orientation or gender identity. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. Discrimination against individuals who are HIV positive or suffer from other communicable diseases is also prohibited. The government generally enforced the laws and regulations, although discrimination in employment occurred with respect to Afro-Brazilians, women, persons with disabilities, indigenous persons, and transgender individuals. The Ministry of Economy implemented rules to integrate promotion of racial equality in its programs, including requiring race be included in data for programs financed by the ministry. According to the ILO, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Although the law prohibits gender discrimination in pay, professional training, working hours, occupations, tasks, and career advancement, according to NGO representatives, the law was rarely enforced, and discrimination existed.

e. Acceptable Conditions of Work

Wage and Hour Laws: The law provides for a minimum wage. The minimum wage was greater than the official poverty income level. According to the Brazilian Institute of Geography and Statistics, however, in 2019 approximately 60 percent of workers had incomes below the minimum wage. The Ministry of Economy verified enforcement of minimum wage laws as part of regular labor inspections. Penalties alone were not sufficient to deter violations.

The law limits the workweek to 44 hours and specifies a weekly rest period of 24 consecutive hours, preferably on Sundays. The law also provides for paid annual vacation, prohibits excessive compulsory overtime, limits overtime to two hours per workday, and stipulates that hours worked above the monthly limit must be compensated with at least time-and-a-half pay; these provisions generally were enforced for all groups of workers in the formal sector. The constitution also provides for the right of domestic employees to work a maximum of eight hours per day and 44 hours per week, a minimum wage, a lunch break, social security, and severance pay.

In July a labor inspection at a coffee farm in Minas Gerais State found that farm owners were illegally deducting nearly one-third of workers’ wages to cover the cost of the machinery workers use to harvest coffee beans, which should have been provided to workers for free under the law. The farm owners signed an agreement with the Labor Prosecution Service and the Public Defender’s Office agreeing to pay the deductions back to the 19 affected workers, along with an additional R$2,000 ($350) payment to each worker for moral damages.

Occupational Safety and Health: The Ministry of Economy sets occupational, health, and safety (OSH) standards that are consistent with internationally recognized norms, although unsafe working conditions were prevalent throughout the country, especially in construction. The law requires employers to establish internal committees for accident prevention in workplaces. It also provides for the protection of employees from being fired for their committee activities. Workers could remove themselves from situations that endangered their health or safety without jeopardy to their employment, although those in forced labor situations without access to transportation were particularly vulnerable to situations that endangered their health and safety. In the view of expert NGOs working in this field, officials enforced OSH laws. Penalties for violations of OSH laws were commensurate with those for crimes, such as negligence. Inspectors have the authority to make unannounced inspections and initiate sanctions.

The Ministry of Economy addressed problems related to acceptable conditions of work such as long workdays and unsafe or unhygienic work conditions. Penalties for violations include fines that vary widely depending on the nature of the violation. Fines were generally enforced and were sometimes sufficient to deter violations. The National Labor Inspection School held various virtual training sessions for labor inspectors throughout the year. The number of labor inspectors was insufficient to deter violations. During the year the Ministry of Economy launched an online database to monitor workplace accidents nationwide.

Informal Sector: According to data collected by the Brazilian Institute of Geography and Statistics as a part of its August Continuous National Household Survey, 37 million Brazilians participated in the informal sector, representing 41 percent of the employed population. Although workers in the informal sector enjoyed some labor protections, including minimum wage, hour limitations, and OSH laws and workplace inspections, they lacked access to unemployment insurance and social safety nets.

Costa Rica

Executive Summary

Costa Rica is a constitutional republic governed by a president and a unicameral legislative assembly directly elected in multiparty elections every four years. In 2018 voters elected Carlos Alvarado of the Citizen’s Action Party as president during a second round of elections. All elections were considered free and fair.

The country has no military forces. Civilian authorities maintained effective control over the 13 agencies that have law enforcement components, including the judicial branch’s Judicial Investigative Organization. The Ministry of Public Security is responsible for the uniformed police force, drug control police, border police, air wing, and coast guard. The Immigration Office is responsible for the immigration police. The Ministry of Public Works and Transportation supervises the traffic police, the Ministry of Environment supervises park police, and the Ministry of Justice manages the penitentiary police. Several municipalities manage municipal police forces. Civilian authorities maintained effective control over the security forces. There were credible reports of isolated instances where members of the security forces committed abuses.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 2. Respect for Civil Liberties

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption during the year.

Corruption: On June 14, judicial authorities searched the Presidency, the Ministry of Public Transportation, and the National Road Commission, among other sites, as part of an investigation in a high-profile corruption case related to several highway construction projects. The owners of two of the construction companies were initially detained and released on bail but later were arrested as a preventive measure. A presidential advisor and the head of the road commission, both of whom were under investigation, resigned. The National Assembly appointed an ad hoc committee to investigate the case.

During the year the Attorney General’s Office indicted cement businessman Juan Carlos Bolanos and former legislator Victor Morales-Zapata for influence peddling and bribery in two cases related to the 2017 high-profile corruption scandal known locally as the “Cementazo.”

Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Several domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The Ombudsman’s Office reviews government action or inaction that affects citizens’ rights and interests. The ombudsman is accountable to the National Assembly, which appoints the person to a four-year term and funds office operations. The ombudsman participates in the drafting and approval of legislation, promotes good administration and transparency, and reports annually to the National Assembly with nonbinding recommendations. International institutions and nongovernmental organization observers recognized the Ombudsman’s Office as an independent and effective instrument for promoting human rights.

A special committee of the National Assembly studies and reports on problems relating to the violation of human rights, and it also reviews bills relating to human rights and international humanitarian law.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and domestic violence, and it provides penalties from 10 to 18 years in prison for rape. The judicial branch generally enforced the law effectively.

The law prohibits domestic violence and provides measures for the protection of domestic violence victims. Criminal penalties range from 10 to 100 days in prison for aggravated threats and up to 35 years in prison for aggravated homicide, including sentences of 20 to 35 years for persons who kill their partners. The government enforced the laws effectively.

Violence against women remained a serious problem, and as of May the government reported that 29 women had been killed, including four killed by a partner or spouse. On May 14, the president signed a reform to the Law on Criminalization of Violence Against Women to expand the protections available to victims of violence, including to those who are in informal relationships, engaged to be married, divorced, and separated. On August 23, the president signed a reform to the law, which includes the concept of femicide in other contexts.

Sexual Harassment: The law prohibits sexual harassment in the workplace and educational institutions, and the Ministry of Labor and Social Security generally enforced this prohibition. The government enforced the law effectively. The law imposes penalties ranging from a letter of reprimand to dismissal, with more serious incidents subject to criminal prosecution.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

According to human rights experts, problems related to access of reproductive health services remained for lesbian and bisexual, indigenous, and Afrodescendent women, and women with disabilities.

There were some barriers to access contraception. The COVID-19 pandemic especially affected vulnerable population’s access to sexual and reproductive health. A study by the UN Population Fund reported the country may have regressed by as much as five years with respect to access to short-term contraception caused by the lack of access to health services, either due to pandemic-related isolation measures, caregiving tasks that fall mainly on women (which increased during the pandemic), or lack of information. On May 5, health authorities announced that the public health system included emergency contraception as a service, according to a guideline published on April 16; previously, emergency contraception was provided only to victims of rape.

Some social barriers adversely affected access to skilled health care providers during pregnancy and childbirth. Women in rural areas and indigenous women did not always have access to health care during childbirth due to geographic isolation. Some women had difficulty accessing prenatal care. Government regulations state that all pregnant women, including undocumented migrants and asylum seekers, have access to health services. In practice, however, refugees and asylum seekers reported that access to health services and reproductive health management services was difficult. Refugee and migrant advocates stated that this population only qualified for public health services if they were minors, visibly pregnant, or facing a life-threatening emergency, but some individuals reported being denied services even in emergency situations.

The government provided some access to sexual and reproductive health services for survivors of sexual violence. The government does not allow abortion for survivors of rape or sexual violence. Human rights experts identified problems such as revictimization and access to antiretroviral therapy.

On October 11, the National Institute for Women and the UN Population Fund presented a guide made for the indigenous territories of Talamanca to raise awareness regarding the importance of preventing pregnancies in girls and adolescents. During the year the birth rates of girls and adolescents within the Talamanca region surpassed the national average by 17 per 1,000.

Discrimination: Women enjoy the same legal status and rights as men; however, the law restricts women’s ability to work the same hours as men or in sectors deemed dangerous. The law prohibits discrimination against women and obligates the government to promote political, economic, social, and cultural equality. The law requires that women and men receive equal pay for equal work. The government enforced the laws effectively, although an official study reported a pay gap of 13 percent for highly skilled jobs, which remained largely male dominated.

Systemic Racial or Ethnic Violence and Discrimination

The constitution establishes that the country is a multiethnic and multicultural nation. The government enforced the law effectively. On August 10, the president signed a law establishing affirmative hiring policies for persons of African descent.

Indigenous Peoples

Land ownership continued to be a problem in most indigenous territories. The law protects reserve land as the collective, nontransferable property in 24 indigenous territories; however, 38 percent of that land was in nonindigenous hands.

On March 22, the president participated in a meeting with indigenous leaders to find ways to streamline processes in favor of a plan for the recovery of indigenous territories, designed to comply with the 1977 indigenous law obligating the return of land to indigenous communities. The government put embargoes on properties owned by nonindigenous individuals located in indigenous territories. A few embargoed properties were in the southern region that in the past suffered violent incidents, including the killing of two activists over land ownership.

On August 25, Judge Jean Carlos Cespedes Mora issued an eviction order against a community of indigenous women in the Cabecar territory of China Kicha, in favor of the nonindigenous individual Danilo Badilla Roman. Indigenous leaders and activists denounced this ruling, stating that the registry of state information showed the land had the official annotation of “property located in indigenous territory” and that according to the indigenous law, nonindigenous persons “may not rent, lease, buy or in any other way acquire lands or farms included within these reserves,” and “any transfer or negotiation of lands or improvements of these in indigenous reserves, between indigenous and nonindigenous, is absolutely null.” Badilla’s property deeds were granted in 2019, long after the 1977 indigenous law was passed.

Indigenous women faced social and political obstacles to participate in local governance and to hold leadership positions in social organizations. The board of directors of the National Indigenous Commission comprised seven members, but only one of them was female.

Children

Birth Registration: Citizenship is obtained from birth within the country’s territory or can be derived if either parent is Costa Rican. Birth registration was not always automatic, and migrant children were especially at risk of statelessness since they did not have access to legal documents to establish their identity if their parents did not seek birth registration for them.

Child Abuse: The autonomous National Institute for Children (PANI) reported violence against children and adolescents continued to be a concern, but there was no marked increase in the number of cases of child violence or abuse.

Child, Early, and Forced Marriage: The minimum legal age of marriage is 18. The law establishes penalties for sex with minors and prohibits child marriage. The crime carries a penalty of up to three years in prison for an adult having sex with a person younger than age 15, or younger than 18 if the age difference is more than five years.

Sexual Exploitation of Children: The law criminalizes the commercial sexual exploitation of children and provides sentences of up to 16 years in prison for violations. The law provides for sentences of two to 10 years in prison for statutory rape and three to eight years in prison for child pornography. The law establishes a statute of limitations of 25 years for sexual crimes against minors. The minimum age of consensual sex is 18 years. The country was a destination for child sex tourism.

Institutionalized Children: The Ombudsman’s Office issued a series of recommendations to PANI, which included a recommendation to design shelters for children according to international standards. These recommendations were a result of the Ombudsman Office’s 2020 plan to conduct random inspections as a follow-up measure to reduce overcrowding in PANI shelters. The judicial investigation continued in the 2020 case of allegations of abuse of children in a PANI-operated shelter. PANI representatives reported they took immediate actions to guarantee the protection of the nine victims and opened a disciplinary procedure against the workers while the judicial investigation progressed.

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/reported-cases.html.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The law establishes that persons with disabilities can access education, health services, public buildings, and transportation on an equal basis with others. The law also establishes a right to employment for persons with disabilities and sets a hiring quota of 5 percent of vacant positions in the public sector. On May 28, the president signed two executive orders that seek to assure employment for persons with disabilities by facilitating enforcement of a quota for positions in the public sector and by promoting employment in the private sector. The government did not effectively enforce the law.

Although the law mandates access to buildings for persons with disabilities, the government did not enforce this provision, and many buildings remained inaccessible to persons with disabilities. The Ombudsman’s Office reported that the poor condition of ramps, lack of priority seating, and the height of steps continued to be reasons for complaints. The report also noted that government officials did not sanction transportation providers for these violations. The government policy on education and the national plan for higher education aimed to increase educational opportunities for students with disabilities. According to an August complaint by a student with disabilities, the University of Costa Rica was not accessible to students with disabilities. The student’s complaint noted that he was not able to enroll in a required course for two years because the university would not provide an interpreter. The Ombudsman’s Office investigated the complaint and recommended a change to the method of requesting interpreters for deaf students at the university.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law explicitly prohibits discrimination based on gender identity. Discrimination against persons based on sexual orientation and gender identity is prohibited by a series of executive orders and workplace policies but not by national laws.

There were cases of discrimination against persons based on sexual orientation, ranging from employment, police abuse, and access to education and health-care services. LGBTQI+ individuals experienced discrimination within their own families due to their sexual orientation, gender identity or expression, and sex characteristics.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government respected these rights. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Unions must register, and the law provides a deadline of 15 days for authorities to reply to a registration request. The law permits foreign workers to join unions but prohibits them from holding positions of authority within the unions, except for foreign workers who are married to citizens of the country and have legally resided in the country for at least five years.

The labor code stipulates that at least 50 percent of the workers in an enterprise must vote to support a strike. The law, however, adds that even if there is no union at the enterprise or if the union lacks the support of 50 percent of the workforce, a strike may be initiated if 35 percent of the workers call for a vote by secret ballot. The law restricts the right to strike for workers in services designated as essential by the government, including in sectors such as oil refineries and ports that are not recognized as essential services under international standards. The law regulates strikes, including a prohibition on strikes by workers in nine essential public services, and allows employers to suspend the pay of public-service workers who are on strike.

The law also permits two other types of worker organizations unique to the country: “solidarity associations,” legal entities recognized by the constitution that have both management and employee membership and serve primarily to administer funds for severance payments; and “permanent committees,” enterprise-level bodies made up of three workers elected to negotiate “direct agreements” with employers. Both entities may coexist and share membership with labor unions. The law also requires that permanent committee members be elected freely by secret ballot without intervention of the employer.

The law requires employers to initiate the bargaining process with a trade union if more than one-third of the total workforce, including union and nonunion members, requests collective bargaining, but the law also permits direct bargaining agreements with nonunionized workers. The law establishes a scope of implementation and procedures for negotiations. The law prohibits solidarity associations from representing workers in collective bargaining negotiations or in any other way that assumes the functions or inhibits the formation of trade unions. Although public-sector employees are permitted to bargain collectively, the Supreme Court held that some fringe benefits received by certain public employees were disproportionate and unreasonable, and it repealed sections of collective bargaining agreements between public-sector unions and government agencies, thus restricting this right in practice. A court’s decision ratified the ceiling of 12 years for severance pay when an employee is terminated.

The government effectively enforced applicable laws, and penalties were commensurate with those for other laws involving denials of individual rights, such as discrimination. While the law establishes sanctions (fines and fees) for infractions, only the judiciary has the authority to apply such sanctions. The amount of fines and fees is determined by the severity of the infraction and is based on the minimum wage. The law requires labor claims to be processed within two years and sets up a special summary procedure for discrimination claims. The law also provides labor union members protections against discrimination based on labor affiliation and special protections via special expedited proceedings.

Freedom of association and collective bargaining were generally respected. Labor unions asserted that solidarity associations set up and controlled permanent committees at many workplaces, which in turn conducted negotiations and established direct agreements. Labor unions also asserted that employers sometimes required membership in a solidarity association as a condition for employment. To the extent that solidarity associations and permanent committees displaced trade unions, they affected the independence of workers’ organizations from employers’ influence and infringed on the right to organize and bargain collectively. In recent years the International Labor Organization (ILO) reported an expansion of direct agreements between employers and nonunionized workers and noted its concern that the number of collective bargaining agreements in the private sector continued to be low when compared with a high number of direct agreements with nonunionized workers.

In some instances employers fired employees who attempted to unionize. The Ministry of Labor reported nine allegations of antiunion discrimination from January to July. There were reports some employers also preferred to use “flexible,” or short-term, contracts, making it difficult for workers to organize and collectively bargain. Migrant workers in agriculture frequently were hired on short-term contracts through intermediaries (outsourcing), faced antiunion discrimination and challenges in organizing, and were often more vulnerable to labor exploitation. Although migrant workers outside the agriculture sector were able to unionize, they were not able to participate as board members.

The ILO noted no trade unions operated in the country’s export-processing zones and identified the zones as a hostile environment for organizing. Labor unions asserted that efforts by workers in export-processing zones to organize were met with illegal employment termination, threats, and intimidation and that some employers maintained blacklists of workers identified as activists.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor. The government effectively enforced the law. The law establishes criminal penalties for trafficking in persons crimes that were commensurate with those for other serious crimes, such as kidnapping. Forced labor of migrants occurred in the agricultural and domestic service sectors. As of July the Attorney General’s Office reported a conviction of trafficking for labor exploitation involving a minor victim.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The child and adolescence code prohibits labor of all children younger than age 15 without exceptions, including the worst forms of child labor; it supersedes the minimum working age of 12 established in the labor code. Adolescents between the ages of 15 and 18 may work a maximum of six hours daily and 36 hours weekly. The law prohibits night work and overtime for minors. The law prohibits children younger than age 18 from engaging in hazardous or unhealthy activities and specifies a list of hazardous occupations. The government generally enforced child labor laws effectively in the formal sector but not in the informal sector.

Child labor occurred primarily in the informal economy, especially in the agricultural, commercial, and industrial sectors. The worst forms of child labor occurred in agriculture on small third-party farms in the formal sector and on family farms in the informal sector. Forced child labor reportedly occurred in some service sectors, such as agriculture, construction, fishing, street vending, and domestic service, and some children were subject to commercial sexual exploitation (see section 6, Children). Judicial authorities reported that criminal organizations took advantage of vulnerable minors to involve them in illicit activities. The majority of those involved were male teenagers younger than age 18. Authorities suspected that adults used children to transport or sell drugs; some of these children may have been trafficking victims.

While the Ministry of Labor is responsible for enforcing and taking administrative actions against possible violations of, or lack of compliance with, child labor laws, the Prosecutor’s Office intervenes in cases regarding the worst forms of child labor. The government effectively enforced the law. As with other labor laws, the authority to sanction employers for infractions lies solely with the judiciary, and the law requires labor inspectors to initiate legal cases with the judiciary after exhausting the administrative process. The amount of fines and fees is determined by the severity of the infraction and is based on an equation derived from the minimum wage. Penalties were commensurate with those for other analogous crimes, such as kidnapping.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor and List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The laws and regulations prohibit discrimination in employment and occupation regarding race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-positive status, or other communicable diseases status. The labor code prohibits discrimination based on age, ethnicity, gender, religion, race, sexual orientation, civil status, political opinion, nationality, social status, affiliation, disability, labor union membership, or economic situation. The government effectively enforced these laws and regulations, and penalties were commensurate to laws related to civil rights, such as election interference. The Labor Ministry reported seven cases of discrimination from January to July, five cases of discrimination based on health conditions and two cases based on gender. The ministry continued to implement a gender-equality perspective into labor inspections to identify areas of vulnerability. The COVID-19 pandemic affected women’s employment, with women suffering the greatest number of job losses (see section 6, Women). As of November the unemployment rate for women reached 19.8 percent, compared with 18 percent before the pandemic started.

On August 10, the president signed an affirmative action law in favor of persons of African descent. This law sets a hiring quota of 7 percent of vacant positions in the public sector and creates educational programs for persons of African descent.

Discrimination in employment and occupation occurred with respect to persons with disabilities and the LGBTQI+ population. Discrimination against migrant workers from Nicaragua occurred, and there were reports of instances of employers using threats of deportation to withhold their wages.

e. Acceptable Conditions of Work

Wage and Hour Laws: The wage council of the Ministry of Labor sets the minimum wage scale for the public and private sectors twice a year. Monthly minimum wages were above the poverty line. The national minimum wage applied to both Costa Rican and migrant workers. The law sets workday hours, overtime remuneration, days of rest, and annual vacation rights. Workers generally may work a maximum of eight hours a day or 48 hours weekly. Workers are entitled to one day of rest after six consecutive days of work, except in the agricultural sector, and annual paid vacations. The law provides that workers be paid for overtime work at a rate 50 percent above their stipulated wage or salary. Although there is no statutory prohibition against compulsory overtime, the labor code stipulates the workday may not exceed 12 hours, except in the agricultural sector when there is “imminent risk of harm…to the harvest” when work cannot be suspended and workers cannot be substituted. While women may work in the same industries as men, there are legal restrictions regarding limits on women’s working hours and tasks. Women and children are prohibited from working in jobs deemed dangerous by law. The government effectively enforced minimum wage and overtime laws mainly in the formal sector, and penalties were commensurate with those for similar labor infractions.

The Ministry of Labor’s Inspection Directorate is responsible for labor inspection, in collaboration with the Social Security Agency and the National Insurance Institute. The directorate employed labor inspectors, who investigated all types of labor violations. The number of labor inspectors was insufficient to deter violations. According to the Ministry of Labor, inspections occurred both in response to complaints and at the initiative of inspectors. The directorate stated it could visit any employer, formal or informal, and inspections were always unannounced.

The Labor Ministry generally addressed complaints by sending inspection teams to investigate and coordinate with each other on follow-up actions. As with other labor laws, inspectors cannot fine or sanction employers who do not comply with laws on acceptable conditions of work; rather, they investigate and refer noncompliance results to labor courts. The process of fining companies or compelling employers to pay back wages or overtime was habitually subject to lengthy delays.

The Ministry of Labor generally enforced minimum wages effectively in the San Jose area but less effectively in rural areas, particularly where large numbers of migrants were employed, and in the large informal sector. The ministry publicly recognized that many workers, including in the formal sector, received less than the minimum wage, mainly in the agricultural sector. Although the inspection directorate conducted inspections in workplaces during the rating period, the directorate was not able to reach the number of in-person inspections conducted before the pandemic.

Observers expressed concern about exploitative working conditions in fisheries, small businesses, and agricultural activities. Unions also reported systematic violations of labor rights and provisions concerning working conditions, overtime, and wages in the export-processing zones. Labor unions reported overtime pay violations, such as nonpayment of wages and mandatory overtime, were common in the private sector and particularly in export-processing zones and agriculture.

Occupational Safety and Health: The government maintains a dedicated authority to enforce occupational safety and health (OSH) standards. The OSH standards are appropriate for the main industries in the country, according to the National Council of Occupational Safety and Health. The Labor Ministry’s National Council of Occupational Health and Safety is a tripartite OSH regulatory authority with government, employer, and employee representation. Penalties for violations of OSH laws were commensurate with those for similar labor infractions, although the government did not enforce these standards effectively in either the formal or the informal sectors.

The responsibility for identifying unsafe situations remained with the Labor Ministry’s OSH experts and not the worker. Workers may remove themselves from situations that endanger health or safety without jeopardizing their employment. According to the Labor Ministry, this is a responsibility shared by the employer and employee. The law assigns responsibility to the employer, including granting OSH officers access to workplaces, but it also authorizes workers to seek assistance from appropriate authorities (OSH or labor inspectors) for noncompliance with OSH workplace standards, including risks at work. The responsibility for occupational accidents and diseases falls on the insurance policy of the employer.

There were reports that agricultural workers, particularly migrant laborers in the pineapple industry, worked in unsafe conditions, including exposure to hazardous chemicals without proper training. The national insurance company reported 54,525 cases of workplace-related illnesses and injuries and 80 workplace fatalities from January to June.

Informal Sector: Almost 44 percent of the workforce operated in the informal economy during the second quarter of the year. Workers in the informal sector were not covered by wage, hour, and OSH laws and inspections, nor were they enrolled in the public health service. Most informal workers worked in the service sector, which includes commerce, domestic service, transportation, storage, accommodation, and food services.

Italy

Executive Summary

The Italian Republic is a multiparty parliamentary democracy with a bicameral parliament consisting of the Chamber of Deputies and the Senate. The constitution vests executive authority in the Council of Ministers, headed by a prime minister whose official title is president of the Council of Ministers. The president of the republic is the head of state and nominates the prime minister after consulting with political party leaders in parliament. Parliamentary elections in 2018 were considered free and fair. Members of parliament and regional representatives elect the president of the republic; the last such election was held in 2015.

The National Police and Carabinieri (gendarmerie or military police) maintain internal security. The National Police reports to the Ministry of Interior. The Carabinieri report to the Ministry of Defense but are also under the coordination of the Ministry of Interior. They are primarily a domestic police force organized along military lines, with some overseas responsibilities. The army is responsible for external security but also has specific domestic security responsibilities such as guarding public buildings. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: violence or threats of violence against journalists; criminal libel laws with penalties of up to three years in prison; denial of access to asylum; crimes, violence or threats of violence motivated by anti-Semitism; crimes involving violence and threats of violence targeting members of national, racial, and ethnic minority groups as well as lesbian, gay, bisexual, transgender, queer, or intersex persons; and labor exploitation.

The government identified, investigated, prosecuted, and punished officials who committed human rights abuses. It sometimes implemented effectively laws against official corruption.

Section 2. Respect for Civil Liberties

Speech based on racial, ethnic, national, or religious discrimination is a crime punishable by up to 18 months in prison. Detention is legitimate only in the case of serious violation of fundamental rights and hate crimes. Holocaust denial is an aggravating circumstance carrying additional penalties in judicial proceedings.

Libel/Slander Laws: The law criminalizes defamation and libel with penalties of up to three years in prison. On June 22, the Constitutional Court ruled unconstitutional a law punishing libel and defamation with up to six years of imprisonment if committed through the press and consisting of “attribution of a specific fact.” Criminal penalties for libel were seldom carried out, but on April 21, a Rome judge sentenced a former editor and a journalist of daily newspaper La Repubblica to pay 50,000 euros ($57,500) to former interior minister Matteo Salvini as compensation for an article regarding a canceled trip to Israel.

Nongovernmental Impact: The NGO Reporters without Borders stated there was growing hostility toward reporters, mainly due to organized crime-affiliated threats. According to the NGO, approximately 20 journalists – mostly in Rome and the South – received around-the-clock police protection because of serious threats or murder attempts. In Rome reporters were at times harassed by neo-Fascist activists and became targets of criticism and harassment on social media platforms by private and political activists.

Police reported 123 cases of intimidation against journalists between January and July compared with 103 during the same period in 2020. The Committee to Protect Journalists (CPJ) alleged some attacks against reporters. It reported that on April 11, an unidentified man attacked Rete-4 TV reporter Carmen La Gatta and two support staffers while they were conducting interviews in the northwestern city of Cuneo, using physical force including a metal chain to attack the reporting team and the vehicle in which they were traveling. According to the CPJ, on August 28, a mob in Rome protesting the country’s measures against COVID-19 surrounded Antonella Alba, a journalist working for public broadcaster Rai News 24. The mob harassed her verbally, assaulted and injured her physically, and tried to steal her cell phone.

The CPJ also reported that on August 30, at another rally in Rome against the anti-COVID-19 measures, a protester threatened to leave Francesco Giovannetti, a video journalist for La Repubblica, “lying on the ground” unless he turned off his camera. The protester then punched Giovannetti in the face four or five times. One report stated police intervened and apprehended the attacker and that Giovannetti was taken to the hospital and treated for head injuries.

Reporters without Borders reported that journalists exposed to threats by criminal organizations increasingly chose to self-censor out of fear. In February and April, the editor of the Livorno-based daily Il Tirreno reported verbal attacks, threats, and a physical assault against journalists at the newspaper. The newspaper also received a tape recording threatening a violent attack against the newsroom.

On April 15, a Bari court convicted a member of an organized crime gang to 16 months in jail for violence and threats against Maria Grazia Mazzola, a journalist from the national broadcaster Rai.

The National Federation of Italian Press also reported 110 cases of threats made against journalists between January and June, 18 of which were made by organized crime gangs and 36 of which were made by extremist political organizations.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government sometimes implemented the law effectively. Corruption was a problem. Officials sometimes engaged in corrupt practices with impunity, and there were isolated reports of government corruption during the year.

On March 29, the Council of Europe’s Group of States against Corruption noted the absences of “clear and enforceable conflict of interest rules” for parliamentarians, “a robust set of restrictions concerning donations, gifts, hospitality, favors and other benefits for parliamentarians,” “practical measures … to support the implementation of clear parliamentary integrity rules including through the development of dedicated training activities,” and “a restriction on the simultaneous holding of the office of magistrate and that of a member of local government.”

Corruption: In January the trial of 325 members of the ‘Ndrangheta organized-crime syndicate began in Calabria. The charges against defendants included murder, extortion, usury, money laundering, drug trafficking, corruption, and belonging to a criminal syndicate. The prosecution aimed to expose the deep links between organized crime and other elements of society. The trial continued at year’s end.

Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The National Office to Combat Racial Discrimination under the Department of Equal Opportunity in the Prime Minister’s Office assisted victims of discrimination. The Interministerial Committee for Human Rights of the Ministry of Foreign Affairs and the Senate’s Human Rights Committee focused on international and high-profile domestic cases.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law penalizes convicted perpetrators of rape of either gender, including spousal rape, with six to 12 years in prison. The law criminalizes the physical abuse of women (including by family members) and provides for the prosecution of perpetrators of violence against women and assistance in shielding abused women from publicity. Judicial protective measures for violence occurring within a family allow for an ex parte application to a civil court judge in urgent cases. A specific law on stalking includes mandatory detention for acts of sexual violence, including by partners. Police officers and judicial authorities prosecuted perpetrators of violence against women, but survivors frequently declined to press charges due to fear, shame, or ignorance of the law.

The COVID-19 pandemic may have both caused and masked an increase in violence against women. The pandemic at times forced women into closer proximity with their abusers, leading to greater abuse, while restrictions on movement and decreased funding for civil society organizations and agencies lowered the level of social services and hampered the reporting of cases and the delivery of assistance to survivors.

Between August 2020 and July, 62 women were killed by domestic partners or former partners. In the same period, authorities reported 11,832 cases of stalking. On June 22, for example, police arrested a man accused of having abused his wife for more than 30 years in Catanzaro. The woman had been repeatedly stabbed, beaten, and raped.

The Department of Equal Opportunity operated a hotline for victims of violence seeking immediate assistance and temporary shelter. It also operated a hotline for stalking victims. Between January and March, the hotline received 7,974 calls, a 39 percent increase from the same period in 2020. In 72 percent of those cases of violence, the mistreatment occurred at home where, in 48 percent of the cases, children were present.

Sexual Harassment: By law gender-based emotional abuse is a crime. Minor cases of verbal sexual harassment in public are punishable by up to six months’ incarceration and a fine. The government effectively enforced the law. Police investigated reports of harassment.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Independent observers and NGOs reported that government health authorities did not provide sufficient resources to adequately supply the public with reproductive health services and counseling.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape. NGOs reported that in some cases government personnel were not sufficiently trained to identify victims and refer them to the requisite sources of assistance.

Discrimination: Women have the same legal status and rights as men, and the government enforced laws prohibiting discrimination in all sectors of society and economy. Women nonetheless experienced widespread discrimination, particularly with respect to employment (also see section 7.d. regarding pay disparities between genders).

Systemic Racial or Ethnic Violence and Discrimination

The law protects members of racial and ethnic minorities from violence and discrimination. Governmental and societal violence and discrimination against ethnic minorities, including Roma, Sinti, and the nomadic Caminanti, remained a problem. There were reports of discrimination based on race or ethnicity in employment (see section 7.d.).

The press and NGOs reported cases of incitement to hatred, violent attacks, forced evictions from unauthorized camps, and mistreatment by municipal authorities. In 2019, authorities reported 726 crimes of racial hatred, including 234 incidents of incitement to violence, 147 acts of grave desecrations, and 93 acts of physical violence. On September 22, police in Foggia arrested three persons and put three additional persons under investigation for two episodes of violence against a Colombian minor and a Paraguayan who were also insulted for their nationalities and cultural backgrounds.

The European Roma Rights Center reported at least seven evictions of Roma from their unauthorized camps between January and July. On July 1, local authorities closed a Romani camp on the outskirts of Rome. Of the 105 persons living in the camp, 33 found alternative housing and 48 received financial assistance to rent apartments or were hosted in public facilities. Such camps often had no access to drinking water, power, or sewage. Living in a segregated camp usually meant living in overcrowded housing (seven or eight persons per trailer, shack, or shipping container) on the periphery of a town or city.

The NGO Associazione 21 Luglio reported that in 2020, 11,500 Roma lived in 119 authorized camps in 68 municipalities, and another 7,000, mainly Romanians, lived in informal encampments, primarily in Lazio and Campania. More than half of persons living in authorized camps were minors. Their average life expectancy was approximately 10 years lower than that of the rest of the population. The absence of supplies made it difficult, if not impossible, for Roma living there to follow recommended guidelines for preventing COVID-19. The crowded living quarters in some camps led some municipalities to quarantine entire camps rather than single, at-risk individuals.

Children

Birth Registration: A child acquires citizenship automatically when one of the parents is a citizen, when the parents of children born in the country are unknown or stateless, when parents are nationals of countries that do not provide citizenship to their children born abroad, when a child is abandoned in the country, or when the child is adopted. Local authorities require registration immediately after birth.

Child Abuse: Abuse of minors is punishable by six to 24 years in prison, depending on the age of the child. Child abuse within the family is punishable by up to seven years in prison.

On March 10, police arrested 29 persons and investigated another 64 suspected of exploiting minors by forcing them to commit robberies and other crimes in Rome. The press reported that most of the victims, who were Romani and younger than age 14, did not attend school.

On September 1, authorities reported a case of a mother abusing an 11-year-old child living in a facility shared by some Romani families. The victim was prevented from attending school and forced to collect reusable items from dumpsters. In 2020 the NGO Telefono Azzurro registered a 41 percent increase in the number of reports of abused minors. In 2020 there were 13,527 reports of missing minors, approximately 70 percent of whom were foreigners. The government implemented prevention programs in schools, promptly investigated complaints, and punished perpetrators.

Child, Early, and Forced Marriage: The minimum age for marriage is 18, but juvenile courts may authorize marriages for individuals as young as 16. Forced marriage is punishable by up to five years in prison, or six years if it involves a minor. Forced marriage for religious reasons is also penalized. On April 30, a Pakistani woman disappeared in Reggio Emilia after a meeting with her parents, who had attempted to force her to marry a cousin in Pakistan. Prior to her disappearance, she had contacted local social service centers and moved to a protected community. Her parents returned to Pakistan after her disappearance.

Sexual Exploitation of Children: Authorities enforced laws prohibiting child sexual exploitation, the sale of children, child sex trafficking (offering or procuring a child for commercial sex), and practices related to child pornography. Independent observers and the government estimated at least 4,000 foreign minors were victims of sexual exploitation, including child sex trafficking. According to the Department of Equal Opportunity, the number of minor victims of trafficking who received assistance decreased from 160 in 2019 to 105 in 2020.

On July 26, police arrested a janitor working at a primary school in Brescia on charges of engaging in sexual acts with children. The man also allegedly engaged in child sex trafficking by attempting to force some of the child victims into commercial sex.

There were reports of child pornography. In July authorities arrested four persons and investigated three others in Lombardy for producing videos and photos of exploited minors having sexual intercourse with adults and animals. In 2020 Postal Police reported 1,578 cases of online pedophilia, representing a 232 percent increase compared with 2019. Save the Children Italy reported that the COVID-19 pandemic exacerbated sexual exploitation and other abuses of children, who were often forcibly trapped unprotected in overcrowded apartments without access to health care.

The minimum age for consensual sex is 14, or 13 if the age gap with the partner is less than three years.

Displaced Children: The Ministry of the Interior reported 5,101 unaccompanied minors arrived in the country between January and August 17. As of July 31, the Ministry of Labor and Social Policies reported the presence in the country of 8,382 unaccompanied minors, of whom 97 percent were boys. It also stated that 325 minors previously registered at reception centers were reported missing between January and July, putting them at risk of labor and sexual exploitation, including trafficking.

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/reported-cases.html.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The constitution and the law require authorities to guarantee access to education, health services, public buildings, and transportation to persons with disabilities on an equal basis. The government enforced these provisions, but there were incidents of societal and employment discrimination. Although the law mandates access to government buildings and public transportation for persons with disabilities, physical barriers continued to pose challenges, and government information was not always provided in accessible format. On March 10, the NGO Associazione Coscioni reported that a court ordered the Sperlonga municipality to remove physical barriers preventing persons with disabilities from visiting the historic center of the city. The press reported several cases of escalators and elevators out of order in public buildings and persons with disabilities being denied access to public transportation and other services.

On July 28, police arrested three persons accused of having raped a woman and committed violence against other residents in a nursing home in Serradifalco.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

NGOs advocating for the rights of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons reported instances of societal violence, discrimination, and hate speech. The website Gay.it received 70 reports of discrimination against gay men between January and July compared with 64 registered in 2020.

The press reported isolated cases of violence against LGBTQI+ individuals. On May 24, a Milan court sentenced a former banker to 18 years in prison for killing a transgender escort from Brazil. When LGBTQI+ persons reported crimes, authorities consistently investigated them but in some cases failed to identify the perpetrators.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to establish and join independent unions, bargain collectively, and conduct legal strikes. Antiunion discrimination is illegal, and employees fired for union activity have the right to request reinstatement, provided their employer has more than 15 workers in a unit or more than 60 workers in the country.

The law prohibits union organization of the armed forces. The law mandates that strikes affecting essential public services (such as transport, sanitation, and health services) require longer advance notification than in other sectors and prohibits multiple strikes within days of each other in those services. The law only allows unions that represent at least one-half of the transit workforce to call a transit strike.

The government effectively enforced these laws. The penalties were commensurate with those provided under other laws involving denials of civil rights, although administrative and judicial procedures were sometimes subject to lengthy delays. Judges effectively sanctioned the few cases of violations that occurred.

The government generally respected freedom of association and the right to bargain collectively, although there were instances in which employers unilaterally annulled bargaining agreements. Union representatives suffered casualties while raising awareness and advocating for labor interests. In June, during a demonstration, a truck driver ran over and killed a union leader who was protesting for better working conditions in the logistics sector. The truck dragged the labor leader for several yards as the driver drove away from the scene. Police arrested the driver for alleged vehicular homicide and failure to provide assistance to the union leader. Two other protesters were also reportedly hit by the truck driver and suffered minor injuries. Employers continued to use short-term contracts and subcontracting to avoid hiring workers with bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. Penalties for violations were commensurate with those of other serious crimes. The actual sentences given by courts for forced and compulsory labor, however, were significantly lower than those provided by law.

The law provides stiff penalties for illicit intermediaries and businesses that exploit agricultural workers, particularly in the case of forced labor but also in cases of general exploitation. It identifies the conditions under which laborers may be considered exploited and includes special programs in support of seasonal agricultural workers. The law punishes so-called caporalato, the recruitment of agricultural workers who are illegally employed at subminimum wages and required to work long hours without premium pay or access to labor or social protections. Penalties range from fines to the suspension of commercial and business licenses and in some cases imprisonment.

The government continued to focus on forced labor, especially in the agricultural sector. Government labor inspectors and labor organizations expressed concerns during the year that lockdown measures related to COVID-19 made migrant workers more vulnerable to exploitation. Some migrant workers were designated “essential,” which put them at risk of exploitation, including employer blackmail. The government has a system to legalize undocumented foreign workers in the country. According to press reports, some employers manipulated and blackmailed migrant agricultural workers and care givers to obtain employer signatures on applications. More than 220,000 migrant workers applied for legal status through the program. The government estimated there were 600,000 undocumented migrants in the country.

Forced labor occurred. According to NGO reporting, workers were subjected to debt bondage in construction, domestic service, hotels, restaurants, and agriculture, especially in the South. The practice has reportedly spread to other sectors and regions. There were anecdotal media reports that a limited number of Chinese nationals were forced to work in the textile sector and that criminal groups coerced persons with disabilities from Romania and Albania into beggary. In the southeastern region of Sicily, 30,000 workers on approximately 5,500 farms worked through the pandemic for as little as 15 euros ($17) per day. There were also reports of children subjected to forced labor (see section 7.c.).

In 2020 a new three-year plan (2020-22) revitalized the government’s efforts to fight labor exploitation and other illegal practices in the agricultural sector. In the same year, the European Commission and the Ministry of Labor funded projects to coordinate labor inspections with law enforcement agencies and the private sector. While the COVID pandemic made labor inspection activities challenging, nationwide in 2020 authorities identified 1,850 potential victims of caporalato and other labor law offenses, of whom 119 were undocumented migrants. Teams in several provinces in central and southern Italy inspected 758 sites, checked 4,767 positions, and identified 1,069 violations of labor rules and 205 potential victims. As a result of the inspections, 22 individuals were summoned for prosecution. The multiagency approach expanded to include an ad hoc group made up of local health officials, inspectors from other regions, and cultural mediators provided by the IOM.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than 16 in all sectors as well as all the worst forms of child labor, and there are specific restrictions on employment in hazardous or unhealthy occupations for minors, such as activities involving potential exposure to hazardous substances, mining, excavation, and working with power equipment. Children between the ages of 16 and 18 are limited to working eight hours a day or 40 hours a week. The government generally effectively enforced laws related to child labor in the formal economy. Penalties were commensurate with those for other serious crimes. Enforcement was not effective in the relatively extensive informal economy, particularly in the South and in family-run agricultural businesses.

There were some reports of child labor during the year, primarily in migrant and Romani communities. In 2020, labor inspectors and Carabinieri officers identified 127 underage laborers, of whom 51 were working in the services sector (hotels and restaurants). The remainder worked in the art, sports, and entertainment sector, wholesale and retail trade, and car and motorbike repair.

The law provides for the protection of unaccompanied foreign minors and creates a system of protection that manages minors from the time they arrive in the country until they reach the age of 21 and can support themselves. The Ministry of Labor and Social Policies recognized that unaccompanied minors were vulnerable to child labor exploitation and worked to prevent abuse by placing them in protected communities that provided education and other services. The law also created a roster of vetted and trained volunteer guardians at the juvenile court level to help protect unaccompanied minors. According to a report by Save the Children, elements of the law were not yet fully implemented across the country, although significant progress has been made.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation, based on race, religion, national origin, color, sex (including pregnancy), ethnicity, disability, age, sexual orientation or gender identity, HIV or AIDS status, or refugee or stateless status. However, there were media reports of employment discrimination based on race or ethnicity. Unions criticized the government for providing insufficient resources to the National Office against Racial Discrimination to intervene in discrimination cases and for the lack of adequate legal measures to address new types of discrimination. Penalties were commensurate with other laws related to civil rights, but the number of inspections was insufficient to provide adequate implementation.

Discrimination based on gender, religion, disability, sexual orientation, and gender identity also occurred. The government implemented some information campaigns, promoting diversity and tolerance, including in the workplace.

In many cases, according to labor unions, victims of discrimination were unwilling to request the forms of protection provided by employment laws or collective contracts, due to fear of reprisal. According to a 2021 Eurostat study, women’s gross hourly earnings were on average 14.1 percent lower than those of men performing the same job in the country in 2019.

In 2020 Ministry of Labor inspectors carried out 309 inspections to protect working mothers and pregnant women. The sectors with the most violations included hospitality, wholesale and retail trade, tourism, and health- and home-care assistance.

e. Acceptable Conditions of Work

Wage and Hour Laws: The law does not provide for a minimum wage. Instead, collective bargaining contracts negotiated between unions and employers set minimum wage levels for different sectors of the economy. These minimum wages were above the poverty income level.

Unless limited by a collective bargaining agreement, the law sets maximum overtime hours in industrial firms at no more than 80 hours per quarter and 250 hours annually. The law prohibits compulsory overtime and provides for paid annual holidays. It requires rest periods of one day per week and 11 hours per day.

The Ministry of Labor and Social Policies is responsible for enforcement and, with regular union input, effectively enforced standards in the formal sector of the economy. The penalties for wage and hour violations were commensurate with those for similar crimes. The number of inspectors, resources, inspections, and remediation were generally adequate to ensure compliance in the formal sector. Labor inspectors were permitted to make unannounced inspections and initiate sanctions. Penalties were commensurate with those for similar violations but remained insufficient to deter violations.

Occupational Safety and Health: The law sets occupational safety and health standards and guidelines for compensation for on-the-job injuries. Responsibility for identifying unsafe situations remains with occupational safety and health experts of government institutions

Occupational safety and health inspections were conducted by the same inspectors as wage and hour violations under the same authorities. The government effectively enforced occupational safety and health laws, and penalties were commensurate with similar violations but remained insufficient to deter violations.

In 2020 labor inspectors and Carabinieri officers inspected 103,857 companies (including agricultural firms) and identified 93,482 workers whose terms of employment were in violation of labor law. Migrants in the agricultural sector faced unsafe work conditions, including working outdoors for prolonged periods of time while being exposed to temperatures above 100 degrees Fahrenheit and receiving wages below legal minimum wage requirements. In addition to farmworkers, unions and workers in the logistic sector expressed concerns regarding the grueling pace of work, work-related pain and injuries, and mental health issues as well as the lack of employment stability and security for temporary workers. In 2020 there were 1,270 workplace deaths due to accidents in the industrial sector as well as 554,340 reported incidents that resulted in injuries.

Informal Sector: Informal workers were often exploited and underpaid, worked in unhygienic conditions, or were exposed to safety hazards. Labor standards were partially enforced in the informal sector, especially in agriculture, construction, and services, which employed an estimated 16 percent of the country’s workers. According to the Confederazione Generale Italiana del Lavoro, a national trade union, such practices occurred in the service, construction, and agricultural sectors. Unions reported significant numbers of informal foreign workers living and working in substandard or unsafe conditions in some areas of Calabria, Puglia, Campania, and Sicily. According to the National Institute of Statistics, the informal sector of the economy was responsible for more than 11 percent of the country’s GDP.

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