Article 8 of the Constitution of Uruguay upholds the equality of all citizens, but does not specifically refer to gender equality. Uruguay has ratified the Convention on the Elimination of All Forms of Discrimination against Women and, in 2007, passed a law on equal rights and opportunities for men and women. The country’s law against racism, xenophobia and discrimination provides a precise definition of discrimination that is in line with international conventions. By legal doctrine, all human rights recognised within international treaties that Uruguay has ratified become constitutional rights within the country. Violence against women, particularly domestic violence, remains a significant issue.
Uruguayan women within the family are reasonably well protected, despite very unfavourable marriage legislation. The legal minimum age for marriage is only 12 years for women and 14 years for men. Consequently early marriage remains quite common. A 2004 United Nations report estimated that 13 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is not a common practice in Uruguay.
Women and men in Uruguay have the same legal rights and responsibilities in regard to parental authority, but patriarchal traditions still exist.
Women and men have equal inheritance rights in Uruguay.
The physical integrity of Uruguayan women is not adequately protected, and violence against women remains a problem. In 1995, amendments to the Criminal Code classified domestic violence as a specific crime. More recently (in 2002), the government passed a law on domestic violence, which focuses primarily on the rapid detection and eradication of this type of violence. Uruguay has established courts that specialise in domestic violence, which take precautionary measures before passing cases on to the family courts. The law also requires cases to be referred to the criminal courts, but this happens only in a small percentage of cases.
Rape, including spousal rape, is a crime in Uruguay. In the past, perpetrators of rape could be exempted from prosecution if they married their victims; this provision was withdrawn when the Penal Code was amended in 2006. The Penal Code does, however, provide for acquittal in the case of “crimes of passion” committed after the victim’s adultery. By contrast, women found guilty of killing their husbands after being subjected to significant psychological pressure and physical violence are often imprisoned for aggravated murder.
Female genital mutilation is not a common practice in Uruguay, and there is no evidence to suggest it is a country of concern in relation to missing women.
Uruguayan legislation supports women’s financial independence, but there are no statistics to confirm whether the law is applied. There are no reported restrictions on women’s access to land and access to property other than land.
Men and women have equal legal access to bank loans, but some discriminatory traditions and practices may still exist.
Women’s civil liberties appear to be well protected in Uruguay. There are no reported restrictions on their freedom of movement or freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2007), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Uruguay, Combined Fourth, Fifth, Sixth and Seventh Periodic Reports of States Parties, CEDAW/C/URY/7, CEDAW, New York, NY.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UN (2006), In-depth Study on all Forms of Violence Against Women, Report of the Secretary-General, UN General Assembly, 61st Session A/61/122/Add.1, UN, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Uruguay, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
