Venezuela – 2014 results

In 2007, Venezuela enacted the Ley Orgánica Sobre el Derecho de las Mujeres a Una Vida Libre de Violencia^[17](Organic Law on the Right of Women to Be Free from Violence).^[18] The law prohibits rape, marital rape, domestic violence and sexual harassment. The law has been noted for its broad definition of violence, citing 19 forms of violence^[19] and including: violence in relation to assets, obstetric violence, forced sterilisation, institutional violence, trafficking of women and others.^[20] Only 10% of sexual violence cases are reported to the police.^[21] In addition to punishment and prosecution, the 2007 law requires the authorities to implement a far-reaching programme to raise awareness and challenge public attitudes which condone or conceal this under-reported crime. For example, it calls on the Ministry of Infrastructure and the National Commission for Telecommunications to ensure that programming includes broadcasts aimed at preventing and ending violence against women.^[22] 

In the 2007 law, domestic violence is defined as any behaviour, by action or omission, constant or not, engaging in the use of physical force or psychological violence, intimidation, persecution or threat against women by the spouse, cohabitant, former spouse, former cohabitant, person with whom he has or had an emotional relationship, ascendants, descendants and other relatives. The law requires police to report domestic violenceto judicial authorities and obligates hospital personnel to notify the authorities when they admit patients who are victims of domestic abuse.^[23] Penalties for domestic violence range from 6 to 12 months in prison.^[24] Further, Article 117 of the law provides for the establishment of Tribunales de Violencia contra la Mujer (Specialist Courts for Violence against Women). In 2010, the government reported that more than 100,000 complaints of violence against women across the country had been received by those courts.^[25]

Statistics indicate high levels of violence against women in Venezuela. According to Amnesty International, in 2005, 36,777 women reported abuse by partners or former partners to non-governmental organisations and women’s services – an average of one woman every 15 minutes.^[26] In 2006, the CEDAW Committee expressed particular concern about the level of domestic violence in Venezuela, linking it to the persistence of gender-based stereotypes and the idea that domestic violence is a “private” issue.^[27]Similarly, Amnesty International’s 2008 report notes that shame and social stigma continue to prevent women from seeking help or reporting violence. Moreover, Amnesty International also commented that, although the 2007 law holds great promise in improving women’s safety, obstacles to its successful implementation persist. These obstacles include: lack of public awareness, information and education about the issue; inadequate data collection; insufficient shelters for victims; and a poorly resourced police and judicial infrastructure.^[28] In terms of recent initiatives to address these shortcomings, the Public Ministry reported in their annual reports having received 73,599 claims of gender-based violence in 2012^[29] and 102,676 claims in 2013.^[30]The 2012 report highlights dozens of state initiatives to raise awareness about gender-based violence, such as the National Conference on Matters regarding the Integral Defence of Women,^[31] the Programme for Training, Awareness-raising and Prevention on Women’s Defence within the National Police,^[32] and the Training Workshop on Defence for Women aimed for Educational Personnel.^[33] In 2013, the Public Ministry drafted the Special Program for Prevention and Treatment of Domestic Violence^[34] and submitted it to the Ministry of Popular Power for Education and the Ministry of Popular Power for University Education, in order for it to be included in the academic curriculums, seeking to raise awareness on the issue.^[35]

The 2007 law provides that rape is punishable with 10 to 15 years’ imprisonment. The Scientific, Penal and Criminal Investigations Team reports approximately 3,000 cases of sexual violence every year.^[36]On the 2009 report, the Inter-American Commission on Human Rights (IACHR) offers diverse data to support the existence of a culture of impunity surrounding violence against women in Venezuela.^[37] The IACHR also noted that the Venezuelan Penal Code still included discriminatory laws against women, for example, through the provision of excusing the crimes of rape, prostitution, or “offenses against modesty” by marrying the victim (Article 395).^[38]

Harassment is included both under Articles 40 and 41 of the law, which addresses the “persecution or harassment attempting against the emotional, labour, financial, family or educational stability of women” and under Article 48, where sexual harassment is defined as “taking advantage of a higher ranking position in the workplace, in the area of education, or situations arising in the exercise of their profession.”^[39] Furthermore, the 2012 Presidential Labour Decree establishes in its Article 528 that sexual harassment by the employer is punishable by a fine.^[40]

Female genital mutilation is reportedly not a common practice in Venezuela.

Human trafficking is addressed under Article 56 of the 2007 law.^[41] Venezuela is a source, destination, and transit country for women and children trafficked for the purposes of commercial sexual exploitation and forced labour. Women and children are reportedly trafficked internally and to Western Europe, particularly Spain and the Netherlands, and to destinations in the region such as Mexico, Aruba, Curacao, the Dominican Republic, and Trinidad and Tobago for commercial sexual exploitation. Women and children from poor areas are particularly at risk of being trafficked.^[42]

Limitations on women’s reproductive rights also infringe upon women’s physical integrity in Venezuela. Despite the constitutional guarantee of sexual and reproductive rights and the inclusion of “forced sterilisation” and “obstetric violence” in the 2007 law,^[43] abortions are generally illegal under the Venezuelan Criminal Code, except to save a woman’s life.^[44] The government reported in 2004 that unsafe abortion is the third most common cause of maternal death in the country.^[45] The World Economic Forum reports that 70% of married women use contraception.^[46]