RECENT DEVELOPMENTS

On 3 March 2008 the Ministry of Social Protection issued Resolution No. 00769 which implements Technical Regulations for Family Planning Care for Men and Women in the National Health Plan. The Regulations establish cost-effective activities, procedures, and interventions that must be included in the National Health Plan and set forth the health personnel responsible for them. Among other things, they describe the information, education, and counseling relating to contraceptives and the administration of each method that are to be provided to single persons and couples who wish to decide freely and responsibly on whether to have children. Approved methods include sterilization, IUDs, condoms, hormonal implants, oral contraceptives, diaphragms, injectables, and emergency contraception. The Regulations state that beneficiaries have rights to information, freedom of choice, privacy, safety, equality, and the highest level of health care, as well as informed consent. Particular attention is paid to the distribution of condoms to prevent sexually transmitted diseases and HIV/AIDS.

http://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=29225

DJIBOUTI

On 22 March 2008 Djibouti adopted a National Health Development Plan for 2008-2012 to provide guidance on priority health activities for health authorities for the five-year period. Among other things, the Plan contains important provisions on reproductive health, maternal-child health, and HIV/AIDS. General objectives of the Plan include reducing maternal-child mortality and the prevalence of HIV/AIDS. More specifically the Plan aims at: a) raising contraceptive use from 17% to 30%; b) increasing the rate of prenatal consultations from 7% to 35%; c) raising the rate of births attended by qualified personnel to 93%; d) raising the rate of breast-feeding to the age of 6 months from 1.3% to 40%; e) reducing the prevalence of female genital mutilation from 50% to 40%; f) raising the rate of knowledge about means of prevention of HIV/AIDS in the population between ages 15 and 49 from 17.9% to 30%; g) raising the rate of infants treated with ARVs from 3 to 10%; h) increasing the number of yearly HIV tests from 6,000 to 10,000; and i) raising the rate of seropositive pregnant women receiving treatment to prevent maternal-child HIV transmission from 55 to 80%.

Numerous strategies are proposed the reach these objectives. In the area of reproductive health, strategies include the following: adopting a law on reproductive health; strengthening family planning services and the availability of contraceptives; improving obstetrical services; developing activities to prevent and treat abortions; establishing measures to prevent violence against women and FGM and to treat the victims; and strengthening the provision of contraceptives at the community level. The Plan stresses responding to the needs of adolescents with respect to reproductive and sexual health and HIV/AIDS and formulating informational and educational materials on reproductive and sexual health for youth at the family level. In the area of HIV/AIDS, strategies include strengthening prevention activities for HIV/AIDS through education, blood and hospital safety, and the promotion of condoms; increasing access to and counseling on ARVS; and improving care for persons suffering from HIV/AIDS. Further provisions of the Plan set forth timetables for implementing the Plan and discuss financing and evaluation, among other things.

http://www.presidence.dj/jo/2008/PNDS_2008-2012.doc

EL SALVADOR

On 19 August 2008 El Salvador approved Accord No. 788, which approves the National Health Policy of El Salvador. The Policy has the objective of providing strategic guidance to the institutions that form part of the National Health System in order to promote and coordinate concrete actions for the implementation of interventions to achieve the highest indicators of health and greater human development for the population. One of the underlying principles of the Policy is a focus on gender, which recognizes the biological and social differences between, and particular situations of, men and women in terms of the necessities and problems of health applied to health planning, execution, and oversight in order to bring about equity and equality. In the area of reproductive health the Policy calls for the following: a) implementation of a national program of safe motherhood by strengthening family planning, prenatal care, attention to childbirth and the newborn, postnatal care, care for obstetric emergencies, and nutrition for pregnant women; b) strengthening health services so as to minimize the damage due to sexually transmitted diseases and HIV/AIDS; and c) developing strategies and programs to guarantee care for sexual and reproductive health with a focus on gender and rights and risks. Further provisions of the Policy deal with other activities to be undertaken, a health analysis of the country, oversight and evaluation, and responsible agencies, among other things.

http://www.mspas.gob.sv/pdf/documentos_SNS/Politica_nacional_de_salud.pdf

MEXICO

On 28 August 2008 Mexico approved the National Program on Human Rights. The Program is the designed by the Government to be the instrument through which the Federal Administration will promote and defend human rights. It is based on the principles of non-discrimination and the inclusion of perspectives of equality, equity, and gender. In the area reproductive health the Program calls for the following: a) guaranteeing the prohibition of requiring certificates of non-pregnancy for employment; b) expanding health programs for pregnant and breastfeeding women; c) adopting a strategy of including in health services effective access to abortion services and a wide range of contraceptives, including emergency contraception; d) expanding coverage for reproductive health services and family planning and eliminating obstacles to women’s access to coverage; e) guaranteeing access to sex education and reproductive health services with special attention given to children, adolescents, and rural women; and f) promoting dialogue and education on sexual and reproductive rights. Further provisions of the Program deal with the following, among other things: discrimination against women, pay equity, improvement of health services for women, violence against women, trafficking, HIV/AIDS, and prostitution, pornography, and sexual exploitation, including that involving minors.

http://www.derechoshumanos.gob.mx/archivos/anexos/PROGRAMA_NACIONAL_DE_DERECHOS_HUMANOS_2008-2012.pdf

B. Population Policy

SINGAPORE

On 21 October 2008 Singapore amended the Children Development C-Savings Act, which is an Act designed to encourage married couples to have more children. The amending Act does the following, among other things: (a) enhances maternity protection and benefits; (b) introduces paid childcare leave for an employee who is a parent of a qualifying child; (c) provides for the Government to reimburse a self-employed person who has lost income due to his ceasing to be actively engaged in his trade, business, profession or vocation for childcare purposes; (d) introduces unpaid infant care leave for an employee who is a parent of a qualifying child; (e) extends maternity benefits and protection to a female employee or self-employed woman who has 4 or more other living children at the time of her confinement; and (f) extends the period of reimbursement by the Government for these benefits.

http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_retrieve.pl?actno=REVED-38A&doctitle=CHILDREN%20DEVELOPMENT%20CO-SAVINGS%20ACT%0A&date=latest&method=part. (Consolidated law)

C. Abortion

AUSTRALIA (VICTORIA)

On 22 October 2008 the Australian State of Victoria enacted legislation to allow abortions to be performed without limitation by a registered medical practitioner within the first 24 weeks of pregnancy. After 24 weeks of pregnancy, the abortion may be performed only if the registered medical practitioner a) reasonably believes that the abortion is appropriate in all the circumstances; and b) has consulted at least one other registered medical practitioner who also reasonably believes that the abortion is appropriate in all the circumstances. In considering whether the abortion is appropriate in all the circumstances, a registered medical practitioner must have regard to—a) all relevant medical circumstances; and b) the woman's current and future physical, psychological and social circumstances. If drugs are used to perform the abortion, they may be administered by a registered pharmacist or registered nurse. Previously the performance of abortions was governed by case law under which an abortion was allowed if necessary to preserve the woman from a serious danger to her life or her physical or mental health.

http://www.austlii.edu.au/au/legis/vic/num_act/alra200858o2008255/

MEXICO

On 28 August 2008 Mexico’s Supreme Court upheld the constitutionality of the abortion Law of the Federal District of Mexico. The Law, which was enacted in 2007, is the most liberal in Mexico where abortion is regulated at the state level. It allows abortions to be performed on request during the first twelve weeks of pregnancy and requires that they be provided free-of-charge in public health facilities. In its decision the Court rejected the argument of opponents that the Mexican Constitution guarantees a right to life from conception. It ruled that the Congress of the Federal District had authority to determine crimes and penalties within its jurisdiction. Eight justices of the Court voted to uphold the Law, while three voted against its constitutionality.

PARAGUAY

On 16 July 2008 Paraguay amended its Penal Code to rewrite its abortion provisions. The new provisions make clear that abortion is prohibited except when necessary to protect the life of the pregnant women. Previously certain provisions of the Code stated that an abortion could also be performed to protect the health of the pregnant woman from serious injury. The Law also amends the Penal Code to do the following, among other things: a) increase the penalty imposed on a person who removes a child from the country by force or deceit for purposes that threaten its life or physical integrity; b) enlarge the definition of certain sexual acts; c) create the crimes of trafficking for sexual exploitation and labor exploitation; d) enlarge the scope of acts that will be considered to constitute the mistreatment of minors and increase the penalties imposed on persons who commit such acts; e) create offenses relating to child pornography; and f) enlarge the definition of domestic violence to include psychological injury and increase the penalties imposed on persons who commit acts of domestic violence.

http://www.senado.gov.py/leyes/ups/leyes/6052ley%203440-2008.doc

D. HIV/AIDS

BURKINA FASO

On 20 May 2008 Burkina Faso enacted Law No. 030-2008 on the fight against HIV/AIDS and the protection of persons living with HIV/AIDS. The Law provides the following, among other things: a) all persons living with HIV are required to announce their status to their spouse or sexual partner, with the psychosocial support of care givers; b) testing may not be carried out without consent and pre- and post-test counselling; c) all persons infected with HIV are required to abstain from unprotected sexual relations; d) health centers may not accept blood, organs, or tissues that have not been tested for HIV; e) all persons suffering from a sexually transmitted disease or HIV are to enjoy their civil, political, and social rights without discrimination; f) all persons living with HIV/AIDS are to receive medical care; g) all persons are guaranteed confidentiality with respect to HIV status and testing, except under narrow circumstances; h) and required testing for employment, education, housing, medical care, travel, or access to banking or other services is prohibited. The Law imposes penalties on HIV-infected persons who knowingly have unprotected sexual relations with a person who is unaware of their status, on persons who engage in prohibited discrimination, and on persons who violate the confidentiality of HIV-infected persons. Further provisions of the Law deal with following, among other things: the obligations of the State with respect to information and education, precautions to be adopted by health professionals and institutions to prevent infection, and research.

http://www.legiburkina.bf/jo/jo2008/no_26/Décret_PM_2008_00333.htm

DJIBOUTI

On 19 June 2008 Djibouti promulgated Law No. 30-2008/AN on the fight against HIV/AIDS and the protection of the rights of persons living with HIV/AIDS. The Law provides the following, among other things: a) all persons living with HIV are required to inform their spouse or sexual partner of their status; b) all HIV testing is to be carried out with the free and informed consent of the person tested and with pre and post-test counselling; c) consent for testing shall be presumed in the case of the donation of blood, tissues, and organs; d) all persons who know that they are infected with HIV must abstain from having unprotected sexual relations with another person; e) laboratories and similar institutions may not accept or keep blood, tissues, or organs that have not tested negative for HIV; f) health institutions and workers must maintain the confidentiality of HIV-infected patients; g) all persons suffering from a sexually transmitted infection or living with HIV are to enjoy without discrimination their civil, political, and social rights, including rights relating to housing, education, employment, health, and social protection; h) asking for testing as a condition for employment, education, health care, housing, insurance, or the entry into the country is prohibited; and i) persons who know that they are infected with HIV and engage in unprotected sexual relations without informing their partner commits an offense. Further provisions of the Law deal with medical and social assistance for persons living with HIV/AIDS, exceptions to the requirement of confidentiality, education and information on HIV/AIDS, the encouragement of voluntary testing, and offenses and penalties, among other things.

http://www.legiburkina.bf/jo/jo2008/no_26/Décret_PM_2008_00333.htm

FIJI

In 2008 Fiji issued the National Code of Practice for HIV/AIDS in the Workplace. This Code of Practice is designed to advise employers and workers of acceptable preventive action for averting occupational deaths, injuries and related diseases from HIV/AIDS in the workplace, whilst respecting the fundamental principles and rights at work. The guidelines included in the Code cover the following key areas: (a) prevention of HIV/AIDS; (b) minimisation of the risk of infection resulting from work-related exposure to HIV; (c) management and mitigation of the impact of HIV/AIDS on workplaces; (d) care and support of workers infected and affected by HIV/AIDS; (e) elimination of stigma and discrimination on the basis of real or perceived HIV status; and (f) assisting workplaces to respond appropriately and effectively to HIV/AIDS related workplace incidents. Among other things, the Code requires the adoption of universal precautions with respect to blood and medical waste, requires immediate treatment to exposure, mandates voluntary testing with informed consent and counseling, prohibits testing as a requirement for employment and insurance and social security schemes, requires provision of education and information on HIV/AIDS, and prohibits discrimination against sero-positive employees

http://www.labour.gov.fj/ER%20Promulgation%202008/Final%20Regs/Code%20Of%20Practice%20-%20HIV%20&%20AIDS%20In%20The%20Workplace%202008.pdf

SINGAPORE

On 22 April 2008 Singapore amended its Infectious Diseases Act to give the Government added powers to protect the public from the spread of infectious diseases, including HIV/AIDS. Among other things, the amended Act redefines criminal acts involving the spread of HIV. It provides that a person who knows that he has HIV/AIDS shall not engage in any sexual activity with another person unless, before the sexual activity takes place —a) he has informed that other person of the risk of contracting HIV/AIDS from him; and b) that other person has voluntarily agreed to accept that risk. It also states that a person who does not know that he has HIV/AIDS, but who has reason to believe that he has, or has been exposed to a significant risk of contracting, HIV/AIDS shall not engage in any sexual activity with another person unless — a) he informs that other person of the risk of contracting HIV/AIDS from him and that other person voluntarily agrees to accept that risk; b) he has undergone the necessary serological or other test and has ascertained that he does not have HIV/AIDS at the time of the sexual activity; or c) he takes reasonable precautions to ensure that he does not expose that other person to the risk of contracting HIV/AIDS. In addition the amended Act increases from 2 to 10 years the maximum imprisonment that may be imposed on any person who knows that he has HIV/AIDS and — a) donates blood at any blood bank in Singapore; or b) does any act which is likely to transmit or spread HIV/AIDS to another person. The Act allows for the disclosure of the identity of a person who has HIV/AIDS or who is suffering from an STD when it is necessary to do so in connection with the provision of information to a police officer under the Criminal Procedure Code. It increases the penalty for unauthorized disclosure of HIV/AIDS/STD status.

http://www.parliament.gov.sg/Publications/080005.pdf

E. Women’s Rights

BRAZIL

On 5 March 2008 Brazil issued Decree No. 6387, which approves the Second National Plan of Policies for Women for the years 2008-2011. The Plan is described as the “unequivocal expression of the Government’s promise of equality and justice for all persons.” It is guided by the following principles: equality and respect for diversity; equity; women’s autonomy; secular respect; universality; social justice; transparency of public actions; and the participation of and control by women. The Plan is divided into the following parts: 1) economic autonomy and equality in the labor force; 2) inclusive nonsexist and nonracist education; 3) women’s health and sexual and reproductive rights; 4) confronting all forms of violence against women; 5) the participation of women in positions of power and decision-making; 6) sustainable development in rural areas; 7) the right to land; 8) equal, democratic, and non-discriminatory culture, communication, and media; 9) confronting of sexism, racism, and homophobia; and 10) confronting generational inequality.

In the area of health, the objectives of the Plan are to guarantee sexual and reproductive rights in all phases of life without discrimination; to contribute to the reduction of morbidity and mortality in women in all phases of life without discrimination; and to expand and humanize integral health care for women within the health system. Specific goals include reducing maternal mortality by 15%, guaranteeing reversible contraceptive methods to all women in all health centers, providing services to all indigenous women, increasing tests to detect cervical cancer by 60%, increasing mammography by 15%, and promoting in all states the Plan to deal with sexually transmitted diseases and AIDS in women. Among the Plan’s priorities are gynaecological diseases, family planning that respects sexual and reproductive rights, attention to unsafe abortion, cancer, sexually transmitted diseases and AIDS, gender-based mental health care, and sexual and reproductive rights. The Plan sets forth detailed activities that will be undertaken with target dates with respect to all priorities. .

http://bvsms.saude.gov.br/bvs/publicacoes/II_PNPM.pdf

CHINA, SPECIAL ADMINISRTRATIVE REGION OF HONG KONG

In 2008 the Special Administrative Region of Hong Kong, China, enacted two ordinances to eliminate discrimination against women and other groups. The first amends the Domicile Ordinance to change provisions that gave preference to men over women in determining the domicile of dependent children born within marriage and that made the domicile of a married woman dependent on the domicile of her husbands. The second is the Race Discrimination Ordinance, which is designed primarily to prohibit discrimination on the basis of race. It also amends the Sex Discrimination Ordinance to expand the reach of the Ordinance with respect to discrimination by clubs, in housing, and against contract workers and the relatives of persons, as well as sexual harassment.

http://www.gld.gov.hk/cgi-bin/gld/egazette/gazettefiles.cgi?lang=e&extra=&year=2008&month=02&day=29&vol=12&no=09&gn=4&header=1&part=1&df=1&nt=s1&acurrentpage=12&agree=1&newfile=1&gaz_type=ls1

http://www.gld.gov.hk/cgi-bin/gld/egazette/gazettefiles.cgi?lang=e&extra=&year=2008&month=07&day=18&vol=12&no=29&gn=29&header=1&part=1&df=1&nt=s1&acurrentpage=12&agree=1&newfile=1&gaz_type=ls1

CHINA, SPECIAL ADMINISTRATIVE REGION OF MACAU

On 18 August 2008 the Special Administrative Region of Macau, China, enacted a new Labor Relations Law. The Law does the following with respect to women: a) prohibits discrimination on the basis of sex, race, age, sexual orientation, national or social origin, color, civil status, language, religion, or political views; authorizes affirmative action programmes; b) grants women 56 days’ paid maternity leave; c) prohibits the termination of employment of woman during maternity leave and for three months afterward; d) prohibits assigning her tasks incompatible with her state during the same period; e) pay is to based on the principle of equal pay for equal value; and f) workers have a right to respect for their privacy, which family and sexual life and state of health. Further provisions of the Law deal with labour protection for minors, the minimum age for the employment of minors, leave upon undergoing an abortion, and offenses and penalties, among other things. The Law repeals Decree—Laws No. 24/89/M and 32/90/M and Law No. 8/2000.

http://legismac.informac.gov.mo/portuguese/shwdtl_p.asp?tpLeg=LEI&noLeg=7/2008

COSTA RICA

On 3 September 2008 Costa Rica adopted Decree No. 34729, which requires public institutions to guide their activities according to a policy of gender equity and equality and to establish objectives, goals, and guidelines to this end. It also requires the implementation of a National Policy for Gender Equality and Equity for the years 2007-2017. The objectives of this Policy are as follows: a) to achieve child care for all women employees; b) to remove the principal factors that create inequalities in employment between men and women; c) through education, to remove all gender stereotypes with respect to raising children, sexuality, and sexual and reproductive health that impede equality between men and women; d) through information and counseling, to allow women to exercise their rights and guarantee respect for a life without violence; e) to achieve equality between men and women in political participation and decision-making; and f) to strengthen institutions and mechanisms for the promotion of equality and equity. Further provisions of the Decree deal with the implementation of the above measures, among other things.

http://www.hacienda.go.cr/centro/datos/Decreto/Decreto%2034729-PLAN-S-MEP-MTSS-La%20gaceta%20179-19Set-2008.doc

FIJI

In 2008 Fiji approved the National Policy in Sexual Harassment in the Workplace. This Policy is designed to ensure that every working person is be able to enjoy a working environment free from all forms of harassment and discrimination, whether on the basis of ethnicity, national or social origin, religion, political affiliation, gender, or any other form of personal identity. The operating principles of this National Policy are: (i) to ensure that all stakeholders associated with a ‘workplace’ and the community at large are safeguarded against sexual harassment; (ii) to ensure that behaviour appropriate to promoting and ensuring a harassment-free workplace environment is characterized by mutual respect and support; (iii) to empower those persons within an organization who have insufficient power to prevent any form of harassing behaviour from occurring; and (iv) to support people who feel sexually harassed to find appropriate solutions and conversely, to provide appropriate solutions for those persons who may be accused of sexually harassing others in the workplace. The Policy defines sexual harassment in detail, requires employers to have an internal written policy and grievance procedure on sexual harassment in the workplace, suggests other measures that an employer may adopt, and sets forth procedures for bringing a complaint or grievance under various laws, among other things.

http://www.labour.gov.fj/ER%20Promulgation%202008/Final%20Regs/National%20Policy%20On%20Sexual%20Harrasment%202008.pdf

NICARAGUA

On 14 February 2008 Nicaragua enacted the Law on Equal Rights and Opportunities. The Objective of the Law is to promote equality and equity between men and women in the enjoyment of human, civil, political, economic, social, and cultural rights. The Law guarantees the incorporation of gender in all public policies and government agencies at every level, requires each government entity to create an office to deal with gender, requires statistics to be disaggregated by sex, and requires all budgets to contain resources to ensure that gender is included in all public policies. The Law also does the following, among other things: a) guarantees equality in the exercise of the right to vote, access to courts, and positions of power and decision-making; b) requires election lists to include and equitable number of men and women; c) requires the State to provide special lines of credit for women to participate in small and micro businesses; d) requires governments to ensure the access of women to credit, goods and services, and land; e) requires employment policies and programs to include measures to ensure equal rights, and equal pay for equal work and the State to formulate a policy to prevent sexual harassment; f) authorizes the State to equalize wages and benefits for men and women in occupations in which differences have been found; g) requires government policies and plans to eliminate unequal access to education and sexist stereotypes; h) requires the development of education to prevent violence against women; i) requires the implementation of sexual and reproductive health education based on truthful, scientific, and complete information with the participation of parents; j) requires the State to guarantee that female students who become pregnant are not subjected to discrimination, mistreatment, or exclusion because of their condition; k) requires the State to establish programs and plans to provide access to men and women to health services without distinction, including reproductive and sexual health services, care for sexually transmitted diseases, and services to reduce maternal mortality; l) requires the State to promote education and integral reproductive and sexual health services with universal access for men and women and to inform adolescents on responsible sexuality; m) requires the State to develop programs for dealing with physical, psychological, and sexual violence committed against women and to provide timely and adequate services for women with pregnancy at risk; and n) requires the State to provide complete information to men and women on the exercise of responsible parenthood, as well as necessary reproductive health services for family planning. Further provisions of the Law deal with implementation and follow-up, offenses and penalties, and government agencies responsible for carrying out provisions of the Law, including a National Equality Council, created by the Law.

http://legislacion.asamblea.gob.ni/Normaweb.nsf/($All)/DFACDD675534DACE0625744B0077C73F?OpenDocument

SINGAPORE

On 17 November Singapore amended the Administration of Muslim Law Act to do the following, among other things: a) raise the minimum age of marriage for Muslims from 16 to 18; b) require Muslim divorces taking place in Malaysia to be reported to the Syariah Court; c) empower the Court to hear claims of Muslim women for the payment of marriage expenses and to vary and rescind maintenance orders; d) authorize district courts directly to enforce Syariah court orders without prior registration; and e) authorize the Syariah Court to appoint an arbitrator when a Muslim husband does not agree to divorce by redemption. The amendments are designed in part to discourage the divorce of Muslims and to give greater protection to Muslim women upon divorce.

http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_retrieve.pl?actno=REVED-3&doctitle=ADMINISTRATION%20OF%20MUSLIM%20LAW%20ACT%0a&date=latest&method=part&sl=1 (consolidated law)

F. Violence against Women

CHINA, SPECIAL ADMINISTRATIVE REGION OF HONG KONG

On 18 June 2008 the Special Administrative Region of Hong Kong, China, amended its Domestic Violence Ordinance to strengthen protections against domestic violence. The amendments do the following, among other things: a) enable application for and granting of injunctions against molestation of persons by former spouses or former cohabitees of the opposite sex or by close relatives, their spouses, or close relatives of the spouses; b) authorize a court to order a perpetrator to participate in social welfare programmes; c) allow minors to apply for injunctions through third parties; d) extend the power of courts to authorize the arrest of perpetrators; e) extend the maximum validity of an injunction or order of arrest to 24 months; and f) authorize a court to suspend a custody or access order under certain circumstances.

http://www.gld.gov.hk/cgi-bin/gld/egazette/gazettefiles.cgi?lang=e&extra=&year=2008&month=06&day=20&vol=12&no=25&gn=17&header=1&part=1&df=1&nt=s1&acurrentpage=12&agree=1&newfile=1&gaz_type=ls1

COLOMBIA

On 23 July 2008 Colombia amended its Penal Code to strengthen provisions on sex offenses. Among other things, it increases the penalties imposed on: a) persons who engage in violent sexual acts directed against another persons and sexual acts against minors; b) persons who commit sexual acts when the victim is under the age of 14 (previously 12) or is an elderly person or suffers from diminished physical or mental abilities; c) who profit from the prostitution of others, force others into prostitution for profit, or maintain a brothel where minors are employed; d) who are involved in producing or disseminating child pornography; and e) who use forms of communication to contact minors for sexual purposes.

http://web.presidencia.gov.co/leyes/2008/julio/ley123623072008.pdf

GUATEMALA

On 9 April 2008 Guatemala approved Law No. 2008-22 which adopts the Law against the Murder of Women and Other Kinds of Violence against Women. The objective of the Law is to guarantee the life, liberty, integrity, dignity, protection, and equality of all women, particularly when, due to their gender they are subject to discriminatory practices, physical, psychological, or economic violence, or disregard of their rights. The Law criminalizes the murder of women within the context of an unequal power relationship between men and women when the murder occurs within the family, during sexual acts or the act of female mutilation, or due to misogyny, among other circumstances. Persons convicted of this crime are subject to 25 to 50 years’ imprisonment with no possibility of the reduction of the sentence. The Law also prohibits physical or psychological violence against women committed under the same circumstances, as well as economic violence the affects the use, enjoyment, of disposition of a woman’s property. The Law sets forth the obligations of the State towards women relating to the rights to information and to assistance, including legal assistance, and investigations, and requires reparation to be paid to the victims of violence. It also calls for the establishment of special courts to hear complaints.

http://www.congreso.gob.gt/archivos/decretos/2008/gtdcx22-2008.pdf

KOREA, REPUBLIC OF

In 2008 the Republic of Korea enacted two laws to provide added protection to women against sexual violence. The first Law amends the Act on the Prevention of Sex Trafficking and Protection of its Victims to apply to trafficking that occurs abroad. The aims of the Act are: a) to enable accurate fact-finding on sex-trafficking occurring overseas; 2) to promote international cooperation on sex-trafficking issues; 3) to establish comprehensive measures with relevant Ministries; and 4) to protect Koreans forced into the sex-trafficking in foreign countries. The purpose of the Act is also to expand public awareness and improve education regarding the protection of human rights as part of the prevention of sex trafficking. Moreover, the Government amended the Custodial Care Act to include persons with psychosexual disorders among those in need of custodial care in order to provide them with medical treatment education, and rehabilitation so as to prevent sexual violence.

MEXICO

On 10 March 2008 Mexico issued Regulations to its General Law on the Access of Women to a Life Free from Violence. The Regulations address the following topics: prevention, care for victims, sanctions, and the elimination of violence against women, and set forth strategies to be adopted with respect to each. They also provide for the declaration of a state of alert in a specific part of the country when the commission of acts of violence against women threatens the social order, and they establish measures for the application of protection orders against violence and the establishment of shelters for victims. Finally, the Regulations delineate in great detail the responsibilities of different government bodes with respect to gender violence, including the Secretariat of Social Development, the Secretariat of Public Safety, the Secretariat of Public Education, the Public Prosecutor, the Secretariat of Health, and the National Institution of Women.

http://www.cddhcu.gob.mx/LeyesBiblio/regley/Reg_LGAMVLV.pdf

PANAMA

On 21 May 2008 Panama enacted Law No. 26 which, among other things, amends the Penal Code to insert new provisions that criminalize involvement in the sexual exploitation of persons for money. A person convicted of the crime is subject to 8 to 12 years’ imprisonment and payment of a fine. Greater penalties are imposed if the victim is a minor or a disabled person, if he or she is in a position of vulnerability that compromises consent, if the act is carried out using fraud, force, violence, coercion or abuse of authority, if the perpetrator is a relative or guardian, or if the victim becomes pregnant or infected with a sexually transmissible disease.

http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_NORMAS/2000/2008/2008_559_0409.PDF

PORTUGAL

On 12 March 2008 Portugal passed Law No. 14/2008 which is designed to prevent and prohibit direct and indirect discrimination on the basis of sex in access to goods and services and to punish acts that violate the principle of equality between men and women. It applies to public and private institutions that furnish goods and services to the public whether for remuneration or free-of-charge. The Law proscribes discrimination in the form of acts, omissions, and contractual provisions, as well as sexual harassment. Affirmative action is not considered discriminatory. Nor are acts that serve to protect pregnant and nursing mothers. The Law prohibits asking women seeking goods and services for information on pregnancy, except for the protection of their health. It also prohibits taking into consideration costs related to pregnancy and maternity in setting insurance premiums or in determining rates for financial services. Further provisions deal with specific sanctions, proof, defenses against charges of discrimination, and procedures for bringing complaints, among other things.

http://dre.pt/pdf1sdip/2008/03/05100/0156101563.PDF

SAN MARINO

On 20 June 2008 San Marino approved the Law on the prevention and punishment of violence against women, including domestic violence. The Law defines this violence as any act of violence based on sex that creates or is susceptible of creating harm or suffering of a physical, sexual, or psychological kind in public or private life, including threats, coercion, or the arbitrary deprivation of liberty. The Law amends the Penal Code to do the following, among other things: a) increase the penalties for the crimes of homicide, violation of sexual freedom, and causing personal injuries when the perpetrator is a spouse or cohabitant; b) expand the scope of the crimes of reducing a person to slavery, including forced prostitution; the trafficking of persons; and the mistreatment of family members; and c) criminalize committing sexual violence as part of a group; stalking; and the kidnapping of minors by persons with custody of them. The Law also establishes measures for assistance to victims and providing them with legal assistance and for the issuance of protection orders against family abuse. It requires social and health services to report cases of sexual violence and provides special protections to complainants in court proceedings, including prohibiting questioning them about their private lives. Further provisions deal with the prohibition of abusive images in the media and the intervention of police in domestic violence cases, among other things.

http://www.consigliograndeegenerale.sm/new/proposte_di_legge/vis_lavori.php3?twidth=580&idproposta=7356&colonnakey=idlegge&tabella=leggi&colonna=testolegge&testo=

G. Trafficking

ARGENTINA

On 29 April 2008 Argentina enacted Law No. 26364, which is designed to prevent and punish trafficking in persons and provide assistance to victims. The Law defines trafficking as the reception, transportation, and/or transfer (whether within or into or out of the country), or acceptance of persons for the purposes of exploitation through means of deceit, fraud, violence, any form of intimidation or coercion, abuse of authority or a situation of vulnerability, or the payment or acceptance of money or benefits to obtain the consent of the person who has authority over the victim. If the victim is under the age of 18 no deceit, etc. is required. Exploitation includes forced labour, reduction to slavery, sexual commerce, and the illegal extraction of organs or tissues. Persons convicted of trafficking are subject to 3 to 6 years’ imprisonment, with increased penalties when the victim is under 18 or when the perpetrator is a relative or acts as part of organized crime. The Law also guarantees victims the right to housing, support, food, medical treatment, privacy, and identity, among other things.

http://www.saij.jus.gov.ar/news/files/ley26364.html

BURKINA FASO

On 15 May 2008 Burkina Faso enacted Law No. 029-2008/AN on the fight against the trafficking in persons and similar practices. The Law defines trafficking as the recruitment, transport, sheltering, or reception of persons by means of threat, force, or other forms of constraint, kidnapping, fraud, deceit, abuse of authority or of a vulnerable situation or the offer or acceptance of payments or benefits to obtain the consent of a person with authority over another person, for the purposes of exploitation. Exploitation includes prostitution or other forms of sexual exploitation forced labour, slavery or similar practices, and the removal of organs. Persons who are convicted of trafficking are subject to 5 to 10 years’ imprisonment, and greater penalties are imposed if the victim is a minor. The Law also criminalizes using another person for begging, as well as the illegal trafficking of migrants.

http://www.legiburkina.bf/jo/jo2008/no_26/Décret_PM_2008_00332.htm

CHINA, SPECIAL ADMINISTRATIVE REGION OF MACAU

On 16 June 2008, Macau, China, enacted a Law to fight human trafficking. The Law is designed to establish measures to prevent and punish trafficking and to protect and assist the victims of trafficking. It inserts into the Penal Code provisions prohibiting the offering, harbouring, recruiting, transporting, or receiving of persons for sexual or labuor exploitation, slavery, or the extraction of organs, by means of violence, threats, fraud, abuse of authority, exploitation of mental incapacity, or obtaining the consent of the person with authority over a victim. Persons convicted of trafficking are subject to 3 to 12 years’ imprisonment. Victims of trafficking have the following rights, among others; to communicate with an official representative of their country of origin, to indemnification for damages, to protection (including legal protection), to social support, to psychological and medical assistance, and to confidentiality. The Government is required to establish protective programmes for victims, to create places for the care of victims, to promote campaigns and education on trafficking, and to provide police protection to victims.

http://bo.io.gov.mo/bo/i/2008/25/lei06.asp

URUGUAY

On 28 January 2008 Uruguay enacted a new immigration law. Among other things, the law prohibits trafficking in persons. It subjects to 4 to sixteen years’ imprisonment anyone who in any manner or by any means participates in the recruitment, transport, transfer, or reception of persons for forced labor, slavery or similar practices, servitude, sexual exploitation, extraction of organs, or any other activity that endangers human dignity. Greater penalties are imposed if: a) the health or physical integrity of the victim is endangered; b) the victim is a minor or adolescent; c) the perpetrator is a member of the police or an official connected with immigration; d) the crime is committed with violence, deceit, or intimidation, or by abusing the inexperience of the victim; or e) the perpetrator acts habitually.

http://www.presidencia.gub.uy/_web/leyes/2008/01/T791_19%2010%202007_00001.PDF

H. Constitutions

BHUTAN

On 18 July 2008 Bhutan adopted a new Constitution. The Constitution provides the following, among other things: a) all persons shall have the right to life, liberty and security of person; b) a Bhutanese citizen shall have the right to equal access and opportunity to join the Public Service and the right to equal pay for work of equal value; c) all persons are equal before the law and are entitled to equal and effective protection of the law and shall not be discriminated against on the grounds of race, sex, language, religion, politics or other status; d) a person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, or home; e) notwithstanding the rights conferred by this Constitution, nothing shall prevent the State from subjecting reasonable restriction by law, when it concerns incitement to an offence on the grounds of race, sex, language, religion or region; f) a person shall not tolerate or participate in acts of injury, torture or killing of another person, terrorism, abuse of women, children or any other person and shall take necessary steps to prevent such acts; g) the State shall endeavour to create a civil society free of oppression, discrimination and violence, based on the rule of law and the protection of human rights and dignity, and to ensure the fundamental rights and freedoms of the people; h) the State shall endeavour to take appropriate measures to eliminate all forms of discrimination and exploitation against women including trafficking, prostitution, abuse, violence, harassment and intimidation at work in both the public and private spheres; and i) the State shall endeavour to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment, and economic exploitation. Further provisions of the Constitution deal with environmental protection, nationality, freedom of movement, the right to work, the provision of free education, the promotion of the family, and the provision of free access to basic public health services.

http://www.nab.gov.bt/publication/10constitution.pdf

ECUADOR

On 28 September 2008 a new Constitution was approved by public referendum in Ecuador. The Constitution guarantees a large number of rights, including rights to water, food, a clean environment, culture, science, education, housing, health, employment, and social security. It also mandates special protection to youth, children, women, the disabled, and the aged. One major focus of the Constitution is non-discrimination, particularly with respect to gender, where it provides the following: a) all persons are equal and enjoy the same rights and duties and may not be subject to discrimination on the basis of ethnicity, age, sex, civil status, language, religion, filiation, politics, migratory status, disability, HIV infection, state of health, or socio-economic condition; b) the State shall adopt affirmative action measures; c) publicity that incites violence, discrimination, or sexism is prohibited; d) persons have a right to be employed and carry out public functions on the basis of equality and parity of gender; e) the State shall promote the equal representation of men and women in public office, in decision-making, and in political parties and movements; f) marriage is the union of a man and woman based on free consent and the equality of rights, obligations, and legal capacity; g) the State shall guarantee equality for spouses in making decisions on the administration of marital property; h) the State shall incorporate a gender focus in its plans and programmes; i) the State shall guarantee women equality of access to employment and training and equitable remuneration; j) all forms of discrimination, harassment, and violence that affect women in employment are prohibited. The Constitution also emphasizes the rights to health and to reproductive and sexual rights and health. Here it provides the following, among other things: a) the State shall guarantee the right to health and access to programmes and services to promote integral attention to health and sexual and reproductive health, based on principles of equity with a focus on gender; b) pregnant women, children and adolescents, and the victims of domestic and sexual violence shall receive priority and specialized care; c) while they are breastfeeding, pregnant woman and nursing mothers shall have the rights: 1) not to be discriminated against in educational, social, and employment matters; 2) to receive maternal health services free-of-charge; and 3) to use of the necessary facilities for their recovery; d) persons have a right to make free, responsible, and informed decisions on their health and reproduction and to decide when and how many children to have; e) the State shall promote responsible maternity and paternity; f) the State shall guarantee respect for the reproductive rights of workers, including by eliminating labor risks that affect reproductive health, providing employment regardless of pregnancy or number of children, and ensuring rights to maternity leave and breastfeeding; g) discrimination based on pregnancy or maternity or related to reproductive roles is prohibited; h) public health services shall be universal and free; i) the State shall ensure sexual and reproductive health services and guarantee the integral health of women, especially during pregnancy, childbirth, and puerperium; j) the State shall formulate and apply demographic policies that contribute to territorial development and intergenerational equilibrium within a framework of respect for self-determination; and k) the right to personal integrity includes the right to physical, psychological, and sexual integrity.

http://pdba.georgetown.edu/Constitutions/Ecuador/ecuador08.html

I. Safe Motherhood

EL SALVADOR

On 11 August 2008 El Salvador issued Decree No. 92, which approves Regulations for Safe Motherhood. They create a National Program for Safe Motherhood with the following activities: a) care during pregnancy childbirth, and puerperium; b) care for the newborn; c) care for obstetric morbidity and rehabilitation for disability resulting from such morbidity; d) care for infertility; e) care for the reproductive health of adolescents; f) care for a prevention of gender violence; g) care for the reproductive health of women at all stages of life; h) education, promotion, and prevention with respect to the reproductive health of women; i) prevention of sexually transmitted diseases and diseases of the reproductive tract; and j) prevention and care for uterine and breast cancer. The beneficiaries of the Program are women at all stages of life. Institutions that are part of the National Health System are to provide this care with a focus on prevention in order to achieve optimum birth-spacing, timely detection of reproductive risk, prevention of early pregnancy, and timely detection of uterine and breast cancer and sexually transmitted diseases. The National Health System is required to provide information on education on reproductive health, conduct at risk, and responsible procreation. Adolescents are to receive information and guidance on their rights and responsibilities with respect to health prior to conception, sexuality, and early pregnancy as risk factors contributing to maternal mortality and morbidity. The Program is to provide the entire population with access to medicaments and supplies related to reproductive health. Further provisions of the Regulations set forth the institutions responsible for implementation of the Regulations.

http://www.mspas.gob.sv/regulacion/pdf/reglamento/Reglamento_maternidad_segura.pdf