In Judgment no. 1070 of December 9, 2016, the Supreme Tribunal of Justice of Venezuela reaffirmed the doctrine of remedy divorce, which authorizes judges to grant divorce when it is impossible to continue marital life. The Court held that in cases of irreconcilable conflict within a marriage, divorce may be decreed as a means to protect the family and reduce the emotional burden on its members, even if the traditional grounds for divorce under the law (such as adultery or abuse) are not present.

The Supreme Tribunal of Justice reviewed a challenge to Article 46 of the Civil Code, which set different minimum marriage ages for men and women. The Court did not declare the rule unconstitutional, but recognized that gender-based distinctions were problematic and should be reconsidered. It explained that the provision was historically tied to women’s reproductive capacity and the emancipation of pregnant adolescents, though emancipation could be achieved through other means.

The Second Superior Court for the Protection of Children and Adolescents in Caracas granted a woman’s petition for divorce, which she based on her husband’s voluntary abandonment for more than five years under Article 185 of the Venezuelan Civil Code. The husband sought constitutional review, leading the Constitutional Chamber of the Supreme Tribunal of Justice to interpret Article 185.

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 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 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.

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 for the Protection of Children and Adolescents (LOPNNA) provides a comprehensive framework for the rights of children and adolescents in Venezuela. Regarding sexual and reproductive health, Article 50 guarantees the right to receive information and education in sexual and reproductive health, promoting responsible motherhood and fatherhood.

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.