Take specific measures to introduce the legislative reforms needed to eliminate instances of de jure discrimination such as those previously mentioned, which have been identified at both the international and national levels as being discriminatory. One example is to mainstream the gender perspective into the design and enforcement of all laws, policies and programs.
- At the heart of the MNH strategy is an accreditation program for maternal and neonatal health service networks called CaliRed (or “QualiNetwork”).
- In particular, the State has the obligation to investigate acts of violence and to prosecute and punish the guilty parties, whether that violence occurs in the home or is the work of State agents.
- Guatemala’s civil war was not only one of the deadliest in the region, it also left behind a legacy of violence against women.
- This means that if a family can only afford an expensive coyote to smuggle one family member across the border, it will likely be male.
Even the State’s own representatives say that while the Guatemalan Social Security Institute and the Ministry of Labor are in charge of workers’ social security and occupational health issues, in practice the regulation and application of standards of protection in those areas is a “dead letter”. In conclusion, both the law and practice are failing women when it comes to gender-based violence, as both are thwarting the application of effective mechanisms of judicial protection and guarantees. In some cases, the applicable law does not adequately describe or punish the crimes.
But the positive commitments undertaken by the State stand in sharp contrast to the relatively trifling measures taken to put those commitments into practice. Guatemalan women come up against enormous obstacles in exercising even their most basic rights and continue to suffer from discrimination both in law and in practice. For example, despite reforms in the law, anachronistic laws that discriminate on the basis of gender are still on the books. If the law itself embodies unfair gender-based distinctions, then the principle of equality can hardly be said to be guaranteed; indeed, the law perpetuates subordination. Violence against women remains a major human rights problem and human safety problem.
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Among the legal advances achieved in the last two years is the Social Development Act, enacted in 2001. It takes a global approach to development and establishes a framework to better mainstream women into then process of economic, social, political and cultural development. It upholds the right to full exercise of maternity and paternity, the right to comprehensive health care, to decide the number of children one will have and at what intervals, to reproductive health care and family planning programs. In 2001, Guatemala took the important step of ratifying the Optional Protocol of the Convention on the Elimination of All Forms of Discrimination against Women.
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The Development Councils Act promotes women’s participation in the Council on Rural and Urban Development and in the departmental-level development councils. The appreciation of the role that women play in those venues is a welcome development and an important first step. Women’s organizations argued that in practice this requirement precludes, rather than includes, local organizations that do not have the means to retain the services of attorneys to handle the accreditation process. During its on site visit, however, the Commission received reports to the effect Dating Guatemala City that these advances have not been followed by other changes that are essential to remedy the systematic discrimination that continues to prevent women from fully exercising their basic rights. The fact that the State has not adopted the measures necessary to abolish laws that discriminate on the basis of gender is a particular cause for concern. Furthermore, Articles 179 and 180 of the Criminal Code continue to speak of abuse of “decency” or “good morals” as one of the elements that must be established to prove the commission of certain sexual crimes.
Carmen said she did not initially report her abusive husband for a variety of reasons. “Most police officers won’t do anything when you do report violence within the family…in our communities, they see it as a family problem the family needs to solve,” Carmen said. Many indigenous women, like Carmen, view the mostly male Guatemalan police force to be corrupt, inept, and lacking the resources to assist in crisis. Guatemalan police will often demand gas money to travel to remote areas to take police reports. Carmen also said that “it’s too easy for men who have been accused of violence to hide out,” as local police simply do not have the resources to track these perpetrators down. “Women rely on men,” Carmen continued, “they are isolated from their families…of course, some women will say they are in love and that’s why they don’t report it, because they don’t know better”. Earned through her lived experience, Carmen displayed a clear understanding of the destructive cycle of gender-based violence during our interview.
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Still, women represent only a small percentage of the police force (around 10%) and very few have made their way to positions with decision-making authority (the numbers at that level fall far short of 1%). It is hoped that these initiatives will end the stereotyping and gender-based inequalities evident in the patterns of assigning functions, training and interpersonal relations. The under-representation of women in government throughout the Americas demonstrates the need for further state action, in conjunction with initiatives of civil society, to bring about true respect for the right of women to participate in political life in compliance with international norms. As the regional and international communities have recognized, achieving the free and full participation of women in all spheres of public life is an obligation which may well require the adoption of special measures of affirmative action designed to effectuate equality of opportunity for women and men.
Another commitment that has yet to be honored is the criminalization of sexual harassment, pursuant to the provisions of the Agreement on the Identity and Rights of the Indigenous Peoples, signed in 1995. While a number of bills on this subject have since been presented, they appear to have become stalled in the legislative committees assigned to study them. Women’s organizations have repeatedly pointed out that enactment of those laws is a priority and have called for an end to the delaying tactics surrounding this issue. In the midst of the harsh situation Guatemalan women face during the pandemic, there is also a threat of the institutions responsible for safeguarding their rights becoming weaker. The President has announced the closure of the Secretariat responsible for advocating for women, which jeopardizes the public policies, plans and projects aimed at meeting this sector’s needs. Christian Aid is an international organisation that works globally to tackle the root causes of poverty and together with our partners we provide urgent, practical and effective assistance to communities where the need is greatest.
Reinforce strategies aimed at giving girls access to elementary education, and make the completion of elementary school the minimum standard by, inter alia, expanding the incentives programs offered to induce girls to remain in school. The international and regional communities can play a vital role in supporting the promotion and protection of women’s rights.
After 22 hearings, on 2 March 2016, the court convicted two former military officers of crimes against humanity on counts of rape, murder and slavery, and granted 18 reparation measures to the women survivors and their communities. This was the first time in history that a national court prosecuted sexual slavery during conflict using national legislation and international criminal law. Maya women in Guatemala face what is known as three-pronged discrimination—they are indigenous, they are poor, and they are women. It is extremely rare for marginalised indigenous women to contact the police or hire a lawyer if they are a survivor of sexual assault or interfamilial violence. Carmen married at a young age and had a son, but soon realised her husband drank too much.
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