Dominican Republic

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.

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.

Constitution of the Dominican Republic of 2015

The Constitution sets forth the Dominican Republic’s fundamental principles, values, norms, and guarantees. Various constitutional precepts establish equality between men and women. Article 55 establishes the equal right to marry and form a family with both spouses having the same rights and obligations. Article 62 provides for equal rights in terms of work, including the type, quality, quantity and retribution for work performed.

Article 194: Penal Code of the Dominican Republic, Marriage for Widows

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: Penal Code of the Dominican Republic, Violence against Women

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: Penal Code of the Dominican Republic, Domestic or Intrafamily Violence

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: Penal Code of the Dominican Republic, Penalties for Domestic Violence and Violence against Women

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: Penal Code of the Dominican Republic, Abortion

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: Penal Code of the Dominican Republic, Rape

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 IACHR submitted an application to the Court to determine whether the Dominican Republic had violated Articles 1(1), 2, 3, 8, 19, 20, 24 and 25 of the American Convention on Human Rights to the detriment of Dilcia Oliven Yean and Violeta Bosico Cofi. The application was based on the fact that the two girls had been denied Dominican birth certificates despite having been born within Dominican territory, leaving the girls stateless and without nationality.