Article 388 of the Penal Code of Cuba addresses the issue of discrimination and imposes severe penalties on those who engage in discriminatory acts or incite discrimination.

Several Articles in the Penal Code of Cuba criminalize unauthorized abortion and impose penalties under specified circumstances. Article 355.1 of the Penal Code establishes penalties for causing an abortion or destroying “the product of conception” with the consent of the pregnant woman outside legally authorized circumstances. The penalty is six months to one year imprisonment, a fine of one hundred to three hundred quotas, or both.

The Employment (Equal Pay for Men and Women) Act (the “Act”) went into effect on January 1, 1976. The Act is intended to eliminate gender discrimination in wages or salary for similar or substantially similar work, as the Act requires employers to provide “equal pay for equal work.” Employers are permitted to provide accommodations to women in connection with pregnancy and childbirth. The Act requires mediation upon the submission of a valid complaint by an employee against their employer.

The Sexual Harassment (Protection and Prevention) Act, 2021 (the “Act”) went into effect on July 3, 2023. The Act provides a legal framework to prevent and address concerns about sexual harassment in the workplace, in the course of business transactions, and in daily interactions.

In Johnson v. Johnson, the parties were formerly married and had jointly acquired real property through a joint loan. After separation, the former wife remained in possession of the property, and later rented the property, retaining the rental income. The former husband sued, claiming he was entitled to 50% of the legal and beneficial interests in the property. The lower court found his claim partly time-barred and awarded him a twenty-five percent interest. On appeal, the Court of Appeal held that the lower court erred in reducing his share.

The appellant was convicted of murdering his former intimate partner after she ended their relationship. The trial judge imposed life imprisonment and required twenty years before parole eligibility. On appeal, the appellant argued that the judge failed to consider alternative sentencing options or properly weigh aggravating and mitigating factors, and that he was not credited for time spent in pretrial custody.

The Combating of Trafficking in Persons Act (Act 7 of 2023) repeals and replaces the Combating of Trafficking in Persons Act of 2005 while retaining the core prohibition on all forms of human trafficking. Section 2 defines trafficking through the recruitment, transport, transfer, harboring, or receipt of a person for exploitation, using force, coercion, deception, abuse of power, or payments made to a person controlling the victim.

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 Civil Law of Guyana Act (the “Act”) sets out the rules for intestate succession, and provides that daughters and sons equally inherit assets from their parents. Similarly, male and female surviving spouses are entitled to the same interests. For example, if a husband is the surviving spouse, he is entitled to the same interest his wife would be entitled to if she was the survivor. 

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.