Article 194 provides that any Civil State Official who authorizes the marriage of a widowed woman within 10 months from the death of the widow’s spouse, in violation of the Civil Code regulations for remarriage of widows, is subject to a fine of 20 to 100 Dominican pesos (RD$20.00 to RD$100.00).
Article 309-1 provides that violence against women means any public or private act or conduct, motivated by a woman’s gender, that causes physical, sexual, or psychological harm or suffering to a woman, by physical force, verbal or psychological violence, intimidation or persecution.
Article 309-2 classifies domestic or intrafamily violence as any conduct that employs physical force, psychological or verbal violence, intimidation or persecution against family members, spouse, ex-spouse, consensual partner, someone with whom the perpetrator cohabitates, or the parent of the perpetrator’s child.
Article 309-3 establishes a prison sentence of five to ten years for violent acts against women or family, if any of the following conditions are true:
The perpetrator broke into the victim’s home;
The perpetrator caused grave bodily harm to victim;
The perpetrator carried a weapon without intention to kill or mutilate;
Article 317 states that causing or directly aiding in causing an abortion, by any means, is punishable by two to five years in prison. This includes women who undergo an abortion, provided that the abortion is successful.
Article 331 defines rape as any act of sexual penetration, in any way, that is committed against another person through violence, constraint, threat or surprise. Rape is punishable by 10 to 15 years of imprisonment and a fine of 100,000 to 200,000 Dominican pesos (RD$100,000.00 to RD$200,000.00) However, the maximum sentence increases to 20 years for rape of minors or a person with a mental or physical disability.
The Employment (Equal Pay for Men and Women) Act (the “Act”) went into effect on January 1, 1976. The Act is intended to eliminate gender discrimination in wages or salary for similar or substantially similar work, as the Act requires employers to provide “equal pay for equal work.” Employers are permitted to provide accommodations to women in connection with pregnancy and childbirth. The Act requires mediation upon the submission of a valid complaint by an employee against their employer.
The Employment of Women (Maternity Leave) Act of Barbados provides all employees who can become pregnant the right to maternity leave and the protection of their employment during such leave.
Section 14 of the Employment of Women, Young Persons, and Children Act (the “Act”) prevents women from working at night on industrial sites, whether public or private. The Act provides exceptions, including cases where a woman holds a position of management and is not normally engaged in manual work, in force majeure situations, or when the work involves raw materials, and such work is necessary to prevent loss of the materials.
Section 3 of the Equal Pay Act 1994 makes it an offence for an employer to pay male and female employees unequally for performing the same or equivalent work. Employers found in violation are subject to a fine of up to $2,000, and in the case of a continuing offence, an additional fine of up to $100 for each day the offence continues after conviction. The court may also order the employer to pay the affected employee any wages found to be owed.
