Central America & the Caribbean

Divorce in Cuba results in the dissolution of matrimonial ties and all other effects described in Article 49 of the Family Code. Pursuant to Article 50, divorce can be obtained by judicial decree or notarial deed. Prior to the enactment of the Second Final Disposition of Law No. 154 (“Law No. 154”), divorce in Cuba could only be obtained by means of judicial decree. However, Law No. 154 liberalized the means to obtain a divorce by allowing divorce to be effected by notarial deed.

Chapter 1 of Cuba’s Labor Code sets forth the basic principles of the Labor Code, with specific reference to providing women with positions that are compatible with their physical and physiological characteristics and allowing women to incorporate themselves in the workforce, and entitlements to maternity leave for women, before and after childbirth, including medical services, free of cost, required by maternity.

Work Code of the Dominican Republic Title 1

The Work Code of the Dominican Republic recognizes that women have the same rights as men with regards to protections at work. The code also establishes that firing a woman for being pregnant is void. If a woman is terminated while pregnant, or within six months after delivery, the employer must submit such termination to the Department of Labor so that they may determine if she was terminated due to her pregnancy.

Article 14 of the Labor Code prohibits employment discrimination on the basis of sex, as well as race, color, religion, political opinion, national or social origin, or any other condition. Article 151 provides specific protections for women, prohibiting employers from treating single and married women differently, from dismissing pregnant or breastfeeding workers unless there is just cause, or from requiring pregnant women to perform heavy physical labor during the last three months of pregnancy.

The Labor Code of Nicaragua guarantees equal treatment and opportunities for workers, prohibiting all forms of discrimination. Fundamental Principle XIII establishes that every worker has the right to equal pay for equal work, without distinction, in recognition of the dignity of the human person. Article 17 reinforces this principle by prohibiting employers from engaging in discriminatory practices that limit or exclude access to employment, including demanding payment or compensation in exchange for a job.

Several Articles in the Penal Code of Cuba criminalize unauthorized abortion and impose penalties under specified circumstances. Article 355.1 of the Penal Code establishes penalties for causing an abortion or destroying “the product of conception” with the consent of the pregnant woman outside legally authorized circumstances. The penalty is six months to one year imprisonment, a fine of one hundred to three hundred quotas, or both.

Article 388 of the Penal Code of Cuba addresses the issue of discrimination and imposes severe penalties on those who engage in discriminatory acts or incite discrimination.

Article 364.1 of the Cuban Penal Code imposes a prison sentence of four to ten years to those who induce, cooperate, or promote prostitution or sexual commerce, own, manage, operate, or finance establishments where prostitution takes place, or derive benefits from such activities. The penalties increase to eight to twenty years if threats, coercion, abuse of authority are used, or if the victim is under the care of the offender, among other aggravating circumstances.

Title XVI of the Cuban Penal Code governs crimes against sexual liberty and indemnity, families, and the development of minors. Chapter I addresses sexual aggression. Article 395 penalizes carnal access obtained through force, violence, or intimidation. The penalty for these crimes is seven to fifteen years in prison. The same penalty applies when penetration is executed with fingers, objects, items, or animals by vaginal or anal route.

The Guatemalan Penal Code criminalizes abortion for both the woman and the person performing it in most circumstances. Article 134 provides that a woman who seeks her own abortion may be sentenced to one to three years in prison, although the penalty may be reduced to six months to two years if the act is motivated by mental health issues directly related to the pregnancy.