Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes all forms of rape of women or men, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from three to nine years’ imprisonment, and the courts enforced these penalties.
According to Autonomous University of Honduras Violence Observatory statistics, killings of women decreased under the national curfew in response to the COVID-19 pandemic. The Violence Observatory reported 55 killings of women from March 15 to June 6, compared with 102 for the same period in 2019. The Secretariat of Human Rights noted an exponential increase in gender-based violence and domestic violence during the national curfew. Statistics from the National Emergency System’s call center showed the country was on pace for more than 100,000 reports of domestic violence during the year.
The law criminalizes domestic violence and provides penalties of up to four years in prison for domestic violence. If a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the legal penalty for a first offense is a sentence of one to three months of community service. Female victims of domestic violence are entitled to certain protective measures, such as removal of the abuser from the home and prohibiting the abuser from visiting the victim’s work or other frequently visited places. Abusers caught in the act may be detained for up to 24 hours as a preventive measure. The law provides a maximum sentence of three years in prison for disobeying a restraining order connected with the crime of intrafamilial violence.
The law was not effectively enforced, and weak public institutional structures contributed to the inadequate enforcement. With high rates of impunity, including 90 percent for killings of women in the last 15 years according to the Violence Observatory, civil society groups reported that women often did not report domestic violence, or withdrew the charges, because they feared or were economically dependent on the aggressor. In addition, women experienced delays in accessing justice due to police who failed to process complaints in a timely manner or judicial system officials who deferred scheduling hearings. Institutions such as the judiciary, Public Ministry, National Police, and Secretariat of Health attempted to enhance their responses to domestic violence, but obstacles included insufficient political will, inadequate budgets, limited or no services in rural areas, absence of or inadequate training and awareness of domestic violence among police and other authorities, and a pattern of male-dominant culture and norms.
In cooperation with the UN Development Program, the government operated consolidated reporting centers in Tegucigalpa and San Pedro Sula where women could report crimes, seek medical and psychological attention, and receive other services. These reporting centers were in addition to the 298 government-operated women’s offices–one in each municipality–that provided a wide array of services to women, focusing on education, personal finance, health, social and political participation, environmental stewardship, and prevention of gender-based violence.
Sexual Harassment: The law criminalizes various forms of sexual harassment. Violators face penalties of one to three years in prison and possible suspension of their professional licenses, but the government did not effectively enforce the law.
Reproductive Rights: Generally, individuals have the right to decide freely the number, spacing, and timing of having children and to have access to the information and means to do so, free from discrimination, coercion, or violence. Contraception supplies continued to be limited by shortages and insufficient funding. NGOs continued to criticize the government prohibition on emergency contraception, including for survivors of sexual violence, although the government did provide victims of sexual violence access to other health care services. Women and girls may face criminal penalties after having miscarriages or abortions, and NGOs reported some women delayed or avoided seeking necessary medical care for fear of being arrested.
Although 74 percent of births were attended by skilled health care personnel, NGOs reported that there were significant gaps in obstetric care, especially in rural areas. The Guttmacher Institute reported 78 percent of women of reproductive age had their need for family planning satisfied with modern methods in 2019. The World Bank reported in 2018 that the adolescent birth rate was 72 births per 1,000 15-19-year-olds.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights. Most women in the workforce engaged in lower-status and lower-paying informal occupations, such as domestic service, without the benefit of legal protections. By law women have equal access to educational opportunities.
Birth Registration: Children derive citizenship by birth in the country, from the citizenship of their parents, or by naturalization.
Child Abuse: Child abuse remained a serious problem. The law establishes prison sentences of up to three years for child abuse. As of June the Violence Observatory reported killings of 71 persons younger than 18.
Child, Early, and Forced Marriage: The minimum legal age of marriage for both boys and girls is 18. According to UNICEF, 8 percent of children were married before age 15, and 34 percent before age 18.
Sexual Exploitation of Children: The commercial sexual exploitation of children, especially in sex trafficking, remained a problem. The country was a destination for child sex tourism. The legal age of consent is 18. There is no statutory rape law, but the penalty for rape of a minor younger than 12 is 15 to 20 years in prison, or nine to 13 years in prison if the victim is 13 or older. Penalties for facilitating child sex trafficking are 10 to 15 years in prison, with substantial fines. The law prohibits the use of children younger than 18 for exhibitions or performances of a sexual nature or in the production of pornography.
Displaced Children: Civil society organizations reported that common causes of forced displacement for youth included death threats for failure to pay extortion, attempted recruitment by gangs, witnessing criminal activity by gangs or organized-crime groups, domestic violence, attempted kidnappings, family members’ involvement in drug dealing, victimization by traffickers, rape including commercial sexual exploitation by gangs, discrimination based on sexual orientation or gender identity, sexual harassment, and discrimination for having a chronic medical condition.
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 .
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination based on gender, age, sexual orientation, gender identity, political opinion or affiliation, marital status, race or national origin, language, nationality, religion, family affiliation, family or economic situation, disability, health, physical appearance, or any other characteristic that would offend the victim’s human dignity. Penalties include prison sentences of up to five years and monetary fines. The law prohibits employers from requiring pregnancy tests as a prerequisite for employment; penalties were not sufficient to deter violations. The government did not effectively enforce these laws and regulations, although penalties were commensurate with laws related to civil rights, such as election interference. The law states that a woman’s employment should be appropriate according to her physical state and capacity. There were no reports of this law being used to limit women’s employment.
Many employers discriminated against women. Persons with disabilities, indigenous and Afro-Honduran persons, LGBTI persons, and persons with HIV or AIDS also faced discrimination in employment and occupation (see section 6).