Nicaragua

The Inter-American Commission on Human Rights (IACHR) submitted the case Carrión y Otros v. Nicaragua to the Inter-American Court of Human Rights concerning Nicaragua’s international responsibility for failing to properly investigate the death of Carrión. She was in the process of divorce and had custody of her son when she was found dead at home. The medical examiner classified the death as suicide, but her family disputed this, citing her ex-partner’s history of violence.

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.

Article 173 criminalizes incest, defined as sexual relations between persons over the age of 18 who are related either directly related (vínculo filial) or collaterally, up to the second degree of consanguinity. The offense is punishable by one to three years of imprisonment. A distinctive feature of this provision is that criminal action may be extinguished if the victim grants forgiveness, which operates as a bar to prosecution.

Article 315 of the Nicaraguan Penal Code criminalizes employment discrimination.

Article 494 of the Penal Code criminalizes sexual crimes committed in the context of armed conflict, whether international or internal. It explicitly covers rape, sexual slavery, sexual exploitation, forced prostitution, forced pregnancy, forced sterilization, and other forms of sexual violence committed against persons protected under international humanitarian law.

Article 155 criminalizes domestic, intimate partner, and family violence, covering both physical and psychological acts committed against spouses, common-law partners, or relatives. The provision excludes cases of "legitimate parental disciplinary correction" as long as it does not amount to abuse. Sentences for this crime range from one to four years of imprisonment, along with disqualification from exercising parental authority, guardianship, or custody, where applicable.

Articles 143 to 145 regulate abortion in all forms. Abortion is punishable by one to three years of prison time if performed with the women's consent, and three to six years if without consent. If performed by a health professional, an additional disqualification penalty applies, which is two to five years (with consent) or four to seven years (without consent). Abortion caused by negligence carries six months to one year in prison, and the woman who consents to an abortion may be sentenced to one to two years in prison. 

Article 167 defines rape as carnal access to another person or the insertion of any object into their body without consent. Rape can occur through violence, intimidation, threats, deception, or when the victim is unable to resist due to disability, illness, unconsciousness, or the use of substances. The penalty is 8 to 12 years in prison. Article 172 addresses sexual abuse, defined as sexual acts against another person without consent, in cases not involving carnal access or penetration. This includes touching, obscene exposure, and similar conduct.

The Penal Code of Nicaragua establishes extensive protections for minors under 18 against sexual exploitation. Article 168 punishes sexual contact with anyone under 14 with 12 to 15 years in prison. Article 170 criminalizes consensual sexual relations between an adult and a child aged 14 to 16, imposing two to four years in prison, increased to five to ten years if there is a relationship of authority, trust, or dependency. Article 172 states that consent is not valid when the victim is under 14 or has a mental disability.

Article 177 criminalizes the promotion of Nicaragua as a destination for sexual tourism involving minors under 18 years of age, targeting child sexual exploitation in the tourism sector. Article 182 punishes the recruitment, transportation, harboring, or receipt of persons for purposes of sexual exploitation, illegal adoption, or slavery, with penalties of seven to ten years’ imprisonment. If the victim is under 18 years of age, the penalty increases to ten to twelve years, recognizing the heightened vulnerability of children and adolescents.