Central America & the Caribbean

On February 22, 1995, petitioners, the Center for Justice and International Law (CEJIL) and María Eugenia Morales de Sierra, filed a case before the Inter-American Commission on Human Rights against Guatemala. They argued that several provisions of the Guatemalan Civil Code were discriminatory, violating Articles 1(1), 2, 17, and 24 of the American Convention on Human Rights, as well as Articles 15 and 16 of CEDAW.

The victim was a 13-year-old girl who reported to have been raped by the defendant. The defendant was charged with rape and unlawful sexual intercourse with a minor. While the defendant admitted to having sex with the minor, he contested the rape charge. Aggravating factors were considered, and the case law examined had identified a pattern: the younger the victim, the higher the custodial sentence imposed. In this case, the fact that the victim had a diagnosis of autism was regarded as an aggravating factor.

Between December 6 and 8, 1982 a specialized group of the Guatemalan armed forces executed 251 members of the “Las Dos Erres” community. Among those killed were women and children. Women and girls, in particular, were raped and subjected to forced abortion. Soldiers beat pregnant women, at times jumping on their stomachs causing miscarriage. The case was brought before the Inter-American Court following the State’s inability or unwillingness to seek justice on behalf of the victims and their next of kin.

Mr. Powell (“petitioner”) and Mrs. Powell (“respondent”) were lawfully married in April of 2003. In May 2016, the petitioner was granted an order of dissolution of marriage. In July 2004, the petitioner purchased a piece of land (“property”).

The Child Pornography (Prevention) Act prohibits the production, distribution, importation, exportation or possession of child pornography and the use of children for pornography A “Child” is a male or a female person under the age of 18 years. Child pornography constitutes any visual representation, any audio recording or written material depicting engagement of a child in sexual activity or depicts body parts of child for sexual purposes, or depicts a child subject to torture, cruelty, or physical abuse of a sexual context.

Parts IV, V, VI, and VIII of the Children Act of Trinidad and Tobago address child protection from sexual abuse, exploitation, and harmful practices. The law prohibits sexual offences against children, including child prostitution, sexual penetration, and child pornography. Causing or encouraging a child to engage in such acts can result in life imprisonment. Possession or creation of child pornography carries a sentence of up to 20 years. The Act also prohibits female genital mutilation (FGM). This includes any cutting or removal of parts of a child’s genitalia.

The plaintiffs were two unmarried female teachers in the permanent establishment who were pregnant for the second time and were subsequently dismissed from their employment by the Teaching Service Commission. The first plaintiff was initially granted three months of maternity leave. She was only paid for one month and was told at the end of her three-month maternity leave that she should not return to work.

The claimant alleged unlawful dismissal due to her bisexuality, arguing that her dismissal violated Saint Lucia’s Equality of Opportunity and Treatment and Occupation Act. The defendant (employer), argued that the claimant was lawfully terminated due to performance issues and thus did not discriminate based on her sexual orientation. The key issue is whether the claimant’s dismissal was motivated by discrimination based on her sexual orientation.

Article 155 of the Civil Code sets out various grounds for divorce, including adultery, cruel treatment and serious insults, abandonment, and de facto separation for a specified period, among others. Under Article 158, the innocent spouse may initiate divorce proceedings, but must do so within six months from the time they became aware of the act that constitutes grounds for divorce. Article 163 also permits divorce by mutual consent, provided that both spouses agree and jointly submit the petition to the court.

Civil Code of the Dominican Republic

The Civil Code of the Dominican Republic establishes that married women have all the same rights as unmarried women and vice versa. A woman has the right to work without the permission of her husband. A woman also has the right to mortgage or sell her property without the consent of her husband. A married woman has the right to manage and dispose of her earnings. A woman has the right to enter into debt without the permission of her husband.