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.

Decree No. 97-1996 seeks to prevent, punish, and eradicate domestic violence by protecting individuals (particularly women and children) from abuse in the home and providing mechanisms for their support and protection. Article 7 sets out protective measures for victims, including the immediate removal of the aggressor from the household, restraining orders prohibiting contact with the victim, provision of temporary shelter, and access to medical, psychological, and legal support.

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.

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.

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 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 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.

In Judgment No. 2019/AL/66, the Liège Labour Court of Appeal held that the dismissal of an employee on the grounds of her desire to become pregnant and the period of incapacity certified by her doctor following a miscarriage was discriminatory. The employer was ordered to pay compensation. The Court found that the employer failed to demonstrate that the dismissal was based on legitimate, non-discriminatory grounds such as a company reorganization or professional misconduct.

In Judgment No. P.23.0492.N, the Belgian Court of Cassation reviewed sexist and discriminatory remarks made by a lecturer during a conference held at a Belgian university. The Court of Cassation clarified how the mental element of the offense of sexism should be established. It held that intent can be inferred from factual elements identified by the trial judge, such as the nature and context of the remarks, where these cannot reasonably be interpreted otherwise.

The Law of May 22, 2014 establishes a specific criminal offense for sexism in public spaces. It defines sexism as any act, gesture, or behavior clearly intended to show contempt toward a person because of their sex, or to treat them as inferior or reduced to their sexual dimension, where such conduct results in a serious violation of the person’s dignity. Sexist behavior may be verbal, non-verbal, or physical. The law provides penalties ranging from one month to one year of imprisonment, together with a fine.