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.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The Association for a Better Life and the Cattrachas Lesbian Network both reported 16 violent deaths of LGBTI persons as of September. On July 10, unidentified assailants shot and killed transgender activist Scarleth Campbell in Tegucigalpa. Campbell was an LGBTI activist and member of the Rainbow Dolls, an organization that fought violence and discrimination against members of the LGBTI community.
The law states that sexual orientation and gender-identity characteristics merit special protection from discrimination and includes these characteristics in a hate crimes amendment to the penal code. Nevertheless, social discrimination against LGBTI persons persisted, as did physical violence. Impunity for such crimes was a problem, as was the impunity rate for all types of crime. According to the Violence Observatory, of the 317 reported cases from 2009 through 2019 of hate crimes and violence against members of the LGBTI population, 92 percent had gone unpunished.
LGBTI rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, increasing their vulnerability to violence and extortion. The COVID-19 lockdown and curfew affected sex workers’ income and further exacerbated existing vulnerabilities. Underscoring heightened risks facing transgender women involved in sex work, the PBI cited three alleged incidents where security forces degraded transgender women for violating the nationwide COVID-19 curfew, including by striking at least one of the individuals. Transgender individuals noted their inability to update identity documents to reflect their gender identity.
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).