Venezuela

The Venezuelan Civil Code (1982) sets forth rules on divorce, marriage, property, and succession. Article 185 lists the grounds for divorce, including adultery, physical or psychological abuse, abandonment, and marital rape. It also recognizes as serious grounds conspiracy by a spouse to corrupt or prostitute the other or the children, as well as collusion in such conduct. Article 185-A allows either spouse to petition for divorce after a de facto separation of more than five years, without proving fault or a specific cause.

The 2000 Venezuelan Penal Code contains key provisions on domestic violence, reproductive rights, sexual crimes, and family-related offenses. On domestic and intimate partner violence, Article 375 criminalizes physical or psychological violence within the household, protecting spouses, partners, and other family members. Regarding abortion, Article 432 criminalizes it with 6 months to 2 years’ imprisonment for the woman and 12 to 30 months for the provider. Article 435 establishes an exception when the procedure is performed to save the woman’s life.

The Venezuelan Constitution provides a broad framework for family protection, equality, and non-discrimination. Article 75 declares that the State protects the family as the natural and fundamental unit of society, based on equality and mutual respect among its members. Children and adolescents have the right to a family and identity, preferably within their family of origin; if that is not possible, they are entitled to substitute family care, with national adoption prioritized over international adoption.

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.

The plaintiff, a female Venezuelan citizen married to a female Venezuelan citizen, got married in Argentina, where LGBT marriage rights are fully granted to homosexual couples.  In the following years, they tried to validate their marriage in Venezuela through a judicial homologation process.

On April 2, 2009, by Presidential decree, the President of the Bolivarian Republic of Venezuela created the Ministry of Popular Power for Women.  The reasons announced by the President for the creation of such Ministry were (i) to reduce discrimination against women, (ii) to promote the welfare and social security of the women in Venezuela, (iii) to eradicate discrimination against women, and (iv) to equal women and men in all aspects of social life.  

The 1999 Law on Equal Opportunities for Women establishes a legal framework to guarantee women’s rights and ensure the conditions necessary to achieve real equality between men and women. In terms of non-discrimination and labor equality, Article 11 requires the State to ensure equal access to employment and equal pay for equal work. Article 15 prohibits dismissing or pressuring women on the basis of pregnancy and allows affected workers to file constitutional actions to restore their rights. Article 17 prohibits job advertisements that discriminate between men and women.

The 2007 Law on the Promotion and Protection of Breastfeeding aims to ensure that mothers receive the necessary support to breastfeed, safeguarding both maternal and child health. Key provisions include the right to paid maternity leave for breastfeeding, access to health services and professional guidance, and a State obligation to promote exclusive breastfeeding during the first six months of life, followed by continued breastfeeding with appropriate complementary foods.

The Organic Law Against Organized Crime and Terrorism Financing (2005) criminalizes human trafficking and smuggling of persons under Articles 41 and 42, classifying them as organized crime offenses. The law imposes prison sentences of 20 to 25 years, which increase to 25 to 30 years when the victims are children or adolescents. These provisions strengthen protections for vulnerable populations and impose severe penalties on those involved in trafficking or smuggling in any form.

The Organic Law of Labor, Workers, and Employees (LOT) governs labor relations in Venezuela and establishes a broad framework of worker rights, with a strong focus on gender equality and women’s protections. On sexual and reproductive rights, Articles 330 to 347 safeguard family, maternity, and paternity rights. The law protects breastfeeding practices, requires workplaces to provide lactation rooms, and grants 26 weeks of combined prenatal and postnatal leave to female workers, ensuring the health and well-being of both mother and child.