Guatemala

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.

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.

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.

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 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.

The Guatemalan Penal Code defines parricide as the killing of any ascendant, descendant, spouse, or person with whom the perpetrator has a marital relationship. A conviction for parricide carries a penalty of 25 to 50 years of imprisonment. In cases where the nature of the act, the method of execution, and the underlying motives demonstrate exceptional gravity on the part of the offender, the death penalty may be imposed, as permitted under Guatemalan criminal law.

The Political Constitution of the Republic of Guatemala recognizes the equality of all persons and provides specific protections for women and families. Article 4 states that all human beings are free and equal in dignity and rights, and that men and women, regardless of marital status, have equal rights and responsibilities.

The Law Against Sexual Violence, Exploitation and Human Trafficking defines and prohibits sexual violence, exploitation, and human trafficking. Among other things, the Law establishes that the penalty for sexual violence shall be imprisonment for a period of five to eight years, and that sentences can be increased for aggravating circumstances, such as gang rapes, sexual violence against the elderly or physically or mentally disabled, or the use of arms or drugs to carry out the sexual violence.

Decree No. 22-2008, Law Against Femicide and Other Forms of Violence Against Women, criminalizes violence against women, including acts committed in the home by spouses or other intimate partners. The law prohibits physical, psychological, and emotional violence. It establishes penalties of five to twelve years of imprisonment for physical or sexual violence against women, and five to eight years for psychological violence.

Guatemala’s Decree No. 7-99 establishes a legal framework to promote the dignity and integral development of women, ensuring equal rights and opportunities in both the public and private sectors. Under Chapter 2, the government must adopt policies to eliminate workplace discrimination against women on the basis of marriage or maternity. Chapter 4 requires the creation of educational campaigns and programs aimed at eliminating gender bias, raising awareness of women’s rights, and preventing violence against women.