South America

Article 149(1) of the Constitution of Guyana prohibits discrimination on grounds that include sex, marital status and pregnancy. Sexual orientation, gender expression and gender identity are not listed grounds. Article 149F guarantees women equal rights and equal opportunities in all spheres of life. It includes equal access to education, employment, training, promotion and remuneration. Article 29 requires active measures to support women’s participation in public decision making. Article 34 calls for the removal of discriminatory distinctions in society.

The Supreme Court declared the Organic Law on Women’s Right to a Life Without Violence, approved by the National Assembly on 25 November 2006, to be constitutional. The Court reasoned that the law develops and enforces the guarantees of Article 21(2) of the Venezuelan Constitution, which prohibits discrimination and requires positive measures to protect vulnerable groups.

This case concerned women’s equality in public-sector employment. The court ruled in favor of gender quotas for positions of public power. The plenary of the court reviewed a statutory project regulating the effective participation of women in public institutions by the establishment of gender quotas. A minimum of 30% of the top decision-making positions, among other senior positions in public Colombian institutions, shall be held by women. Sanctions were established for those appointing authorities that would not comply with the rule.

Sections 51 and 52 criminalize of the Criminal Law (Offences) Act (the “Act”) criminalizes administering, with intent to injure, a “poison or noxious substance” to another person. An individual may be found guilty of a misdemeanor, and be sentenced up to five years in prison. However, a person who carries out such an act with the intent of harming another person or causing grievous bodily harm may be found guilty, and may face up to 10 years in prison.

The Criminal Law (Offenses) Act of 1893 classifies “offenses against morality” to include the sale or distribution of obscene material and acts of “gross indecency” between men. Sections 351 to 354 criminalize male same-sex intimacy, attempted same-sex intimacy, and “buggery.” These provisions continue to impose criminal penalties on consensual same-sex conduct between adults. The Act defines rape as a felony punishable by life imprisonment.

The Cybercrime Act (the “Act”) criminalizes the use of a computer system to sexually harass individuals. Part II, Section 19(2)(a) makes it unlawful to transmit electronic data that is obscene, vulgar, profane, lewd, lascivious, or indecent when the sender intends to humiliate or harass another person and the conduct harms the target’s health, emotional well-being, self-esteem, or reputation. Penalties may reach up to three million dollars and three years in prison. 

The Data Protection Act regulates the collection and use of personal data in Guyana and designates “sensitive personal data” to include information about a data subject’s sexual orientation, sexual life, and health status. Processing of sensitive data is restricted to specified purposes that include providing goods or services to the data subject and monitoring behavior when lawful and necessary. The statute establishes heightened protections for categories that directly affect women and LGBTQ persons.

De La Cruz-Flores was detained, charged and convicted by a "faceless judge" for the crime of terrorism. In 2003, laws were passed ordering the annulment of judgments made by secret judges and practitioners. De La Cruz-Flores, however, remained in captivity, captivity she argued was arbitrary. The Court held that Peru violated De La Cruz-Flores's rights under Articles 1(1), 5, 7 and 8 of the American Convention on Human Rights.

On July 6, 2016, the plaintiff notified the defendant-employer of her pregnancy and intention to take maternity leave.  As of the date of notification, the plaintiff held a temporary executive position.  On July 11, 2016, the defendant notified the plaintiff that her temporary designation as an executive was of no effect.  The defendant subsequently provided a maternity compensation package beginning on the date her temporary designation was revoked, but it did not reflect her higher earnings as a temporary executive.  The court of first instance granted the plaintiff ma

This decision promoted the systematization of complaints relating to domestic and intra-family violence. It updated the ‘Violence Registration Form’ approved by Decision nº 454 dated April 24, 2007. The form promotes a system of centralized information and, consequently, accurate statistical indicators that will help authorities to better understand and prevent violence against women.