Women and Justice: Search

Law No. 68 of 1958 Asia, Indonesia - Legislation - (1970)

Gender discrimination, International law

This law ratifies the UN treaty on the convention on Political Rights of Women (Convention on the Political Rights of Women open for signature on 31 March 1953) recognizing that everyone has a right to take part in the government of their country and recognizing women’s right to vote and participate in the political process of the country. This law gives the same rights to Indonesian women as is provided under the convention and protects those rights under Indonesian Law.



Law on Employment and Work of Foreigners Europe, Macedonia - Legislation - (2015)

Employment discrimination, Gender discrimination, LGBTIQ

Article 4(6) of the Law on Employment and Work of Foreigners provides that when employing a foreigner, the employer must not put the job seeker in less favourable position due to race, color of skin, gender, age, health condition, that is, disability, religious, political or other convictions, trade union membership, national or social background, family status, property status, sexual orientation, or due to other personal circumstances. (English translation available from the ILO through the external link.)



Law on Equal Opportunities for Women and Men Europe, Macedonia - Legislation - (2012)

Employment discrimination, Gender discrimination, Sexual harassment

The Law on Equal Opportunities for Women and Men (the “LEOWM”) is specialized legislation that prohibits discrimination on grounds of sex and gender. Articles 3(3), 4, 5 and 7 expressly mention that prohibition of sex discrimination is an essential part of the law. The LEOWM further provides that “gender-based sexual harassment is any type of unwanted verbal, non-verbal or physical behaviour of sexual nature, aimed at or resulting in violation of the dignity of a person, especially when an intimidating, hostile, degrading, humiliating or offensive atmosphere is created.” (English translation available from the ILO through the external link.)



Law on Equal Opportunities for Women and Men - Legislation - (2012)

Gender discrimination, Sexual harassment

The Law on Equal Opportunities for Women and Men (the “LEOWM”) is specialized legislation that prohibits discrimination on grounds of sex and gender. Articles 3(3), 4, 5 and 7 expressly mention that prohibition of sex discrimination is an essential part of the law. The LEOWM further provides that “gender-based sexual harassment is any type of unwanted verbal, non-verbal or physical behaviour of sexual nature, aimed at or resulting in violation of the dignity of a person, especially when an intimidating, hostile, degrading, humiliating or offensive atmosphere is created.” (English translation available from the ILO through the external link.)



Law on Prevention of and Protection from Discrimination (Official Gazette of the Republic of Macedonia nos. 50/2010, 44/2014, 150/2015, 31/2016 and 21/2018) Europe, Macedonia - Legislation - (2010)

Employment discrimination, Gender discrimination, LGBTIQ, Sexual harassment

The Law on Prevention of and Protection from Discrimination (the “LPPD”), which entered into force in 2011, introduced the concepts of direct and indirect discrimination (Article 6), instruction to discriminate (Article 9) and harassment and sexual harassment (Article 7). The LPPD covers almost all grounds of discrimination as covered by EU law i.e. “ sex, race, colour, gender, belonging to a marginalized group, ethnic origin, language, nationality, social background, religion or religious beliefs, other types of beliefs, education, political affiliation, personal or social status, mental and physical impediment, age, family or marital status, property status, health condition or any other basis anticipated by a law or ratified international agreement." However,  the LPPD does not cover discrimination based on sexual orientation. Article 9 of the LPPD also covers sexual harassment, which states that “sexual harassment shall be unwanted behavior of sexual nature, manifested physically, verbally or in any other manner, aimed at or resulting in violation of the dignity of a person, especially when creating a hostile, intimidating, degrading or humiliating environment." Article 4 of the LPPD covers a wide scope on the prohibition on harrassments, which includes: (a) labour and labour relations; (b) education, science and sport; (c) social security, including the area of social protection, pension and disability insurance, health insurance and health protection; (d) judiciary and administration; (e) housing; (f) public information and media; (g) access to goods and services; (h) membership and activity in unions, political parties, citizens’ associations and foundations or other membership-based organizations; (i) culture, and (j) other areas determined by law. (English translation available from the ILO through the external link.)



Constitution of the Republic of Macedonia of 1991 Europe, Macedonia - Legislation - (1991)

Gender discrimination

Article 9 of the Constitution provides that all citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless of “sex, race, colour of skin, national and social origin, political and religious belief, property and social status”. Article 110 of the Constitution expressly prohibits discrimination among citizens on the ground of sex, race, religion or nation, social or political affiliation. (English translation available from the ILO through the external link.)



Constitution of the Republic of Indonesia Asia, Indonesia - Legislation - (1945)

Gender discrimination

The Indonesia Constitution does not discuss gender or women specifically, but instead guarantees rights to “him/her.” The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: “(i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.” Article 28I of the Constitution adopted in 1945, and amended in 2002, includes the following provisions: “The rights to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from enslavement, recognition as a person before the law, and the right not to be tried under a law with retrospective effect are all human rights that cannot be limited under any circumstances.” Article 28B of the Constitution adopted in 1945, and amended in 2002, includes the following provisions: “Every child shall have the right to live, to grow and to develop, and shall have the right to protection from violence and discrimination.” Article 28G of the Constitution adopted in 1945, and amended in 2002, includes the following provisions: “Every person shall have the right to be free from torture or inhumane and degrading treatment, and shall have the right to obtain political asylum from another country.” (External link includes unofficial English translation.)



Decision No. 265/Pid.Sus/2015/PN Btm Asia, Indonesia, Riau Islands Province, Batam - Domestic Case Law - District Court of Batam (2015)

Domestic and intimate partner violence, Employment discrimination, Gender discrimination

The Defendant regularly verbally abused his wife (the victim) shouting at her, insulting and cursing her, demeaning her status and causing her deep embarrassment at in front of other employees. The Defendant also joked that he should just divorce the victim and get a new younger wife instead. These verbal abuses were not isolated incidents. The court viewed them as a form of psychological abuse which resulted in psychological suffering, a deep sense of helplessness, and the victim experiencing fear, losing confidence, and losing the will to act. The court found that the Defendant was guilty of domestic violence under Article 45 of Law No. 23 2004 and sentenced the Defendant to seven months imprisonment.



Decision No. 246/Pid.B/2013/PN.Trt Asia, Indonesia, Tapanuli Utara District, Tarutung - Domestic Case Law - District Court of Tarutung (2013)

Domestic and intimate partner violence

The Defendant forced his wife (the victim) to sleep in the cold outside of the bedroom and when the victim tried to enter the bedroom and sleep on the bed, the Defendant proceeded to push her to the floor and beat her, causing bruises and injuries to the victim. The court found the Defendant guilty of an act of domestic violence under Article 44(1) of Law No.23 2004 on Elimination of Domestic Violence. The court sentenced the Defendant to three months imprisonment.



Decision No. 174/pid.Sus/2013/PN.Kpj Asia, Indonesia, East Java Province, Malang Regency, Kepanjen - Domestic Case Law - District Court of Kepanjen (2013)

Domestic and intimate partner violence

The Defendant had an argument with his wife (the victim) and proceeded to hit his head against the victim’s head three times causing bruising and swelling to occur on the victim’s head. The court considered this act as an act of domestic violence under Article 5 of Law No. 23/2004 relating to Elimination of Domestic Violence. The court found the Defendant guilty and sentenced him to three months imprisonment.



Decision No.172/Pid.B/2016/PN.Trg Asia, Indonesia, East Kalimantan Province, Tenggarong - Domestic Case Law - District Court of Tenggarong (2016)

Statutory rape or defilement

The Defendant broke into the victim’s house and forced the victim to have sexual intercourse with the Defendant. The charge is regulated and punishable by Article 285 of the Indonesian Penal Code dated 19 May 1999. The court found the Defendant guilty and sentenced the Defendant to imprisonment for six years and six months.



Decision No. 29/Pid/B/2017/PN.Tul Asia - Domestic Case Law - Tual District Court (2017)

Sexual violence and rape

The Defendant committed the offence of creating and disseminating pornographic material. The Defendant threatened the victim with physical harm and forced the victim to take off her clothes to allow the Defendant to film her. The victim put up verbal resistance that prompted the Defendant to slap her and to forcibly take off the victim’s clothes. The Defendant then proceeded to take pictures of the naked body of the Defendant then forced the victim to perform oral sex on the Defendant. The Supreme Court decided that the Defendant was guilty of creating pornography which explicitly showed nudity and sentenced the Defendant to imprisonment for one year and three months and a fine of Rp. 500,000,000. If the fine is not paid then the Defendant will face further imprisonment for an additional three months. Under Indonesian Law only acts that involve vaginal penetration are defined as rape.



Decision No. 29/Pid/B/2017/PN.Tul Asia, Indonesia, Maluku Province, Tual - Domestic Case Law - Tual District Court (2017)

Sexual violence and rape

The Defendant committed the offence of creating and disseminating pornographic material. The Defendant threatened the victim with physical harm and forced the victim to take off her clothes to allow the Defendant to film her. The victim put up verbal resistance that prompted the Defendant to slap her and to forcibly take off the victim’s clothes. The Defendant then proceeded to take pictures of the naked body of the Defendant then forced the victim to perform oral sex on the Defendant. The Supreme Court decided that the Defendant was guilty of creating pornography which explicitly showed nudity and sentenced the Defendant to imprisonment for one year and three months and a fine of Rp. 500,000,000. If the fine is not paid then the Defendant will face further imprisonment for an additional three months. Under Indonesian Law only acts that involve vaginal penetration are defined as rape.



Constitution of Belize Central America & the Caribbean, Belize - Legislation - (2011)

Gender discrimination

Section 3 of the Constitution of Belize (the “Constitution”) provides that every person in Belize is “entitled to the fundamental rights and freedoms of the individual” regardless of sex.  Section 16 of the Constitution also prohibits any laws that are discriminatory or have discriminatory effect and defines “discriminatory” to include discrimination based on sex. 



Criminal Code Central America & the Caribbean, Belize - Legislation - (2000)

Abortion and reproductive health rights, Forced and early marriage, LGBTIQ, Sexual violence and rape, Statutory rape or defilement

The Belize Criminal Code defines and criminalizes rape, including marital rape (Sections 46, 71-74); carnal knowledge of female child (Section 47); procuring or attempting to procure a woman (Section 49-50); compulsion of marriage (Section 58); incest by males (Section 62); abortion, miscarriage, and child destruction (Sections 111-12, 127).  The Code mandates a minimum sentence of eight years for rape (Section 46), 12 years of carnal knowledge of a female child (Section 47), and a life sentence for habitual sex offenders (Section 48).

Of particular note:

  • Marital rape under Section 72 requires a showing that the spouses have separated, the marriage is dissolved, an order or injunction has been made, granted or undertaken against the spouse, or that the sexual intercourse was preceded or accompanied by assault and battery.  Lack of consent is not enough if the parties are married.  
  • The Criminal Code also criminalizes same-sex relationships under Section 53, which criminalizes “carnal intercourse against the order of nature with any person or animal.”
  • Abortion and the aiding of abortion are felonies and carry a prison term of 14 years to imprisonment for life under Section 111.  There are limited exceptions under Section 112 if two registered medical practitioners agree that the abortion is necessary to preserve the life or health of the mother or her family or if the child may be seriously handicapped.


Domestic Violence Act Central America & the Caribbean, Belize - Legislation - (2000)

Domestic and intimate partner violence, Property and inheritance rights

Belize enacted the Domestic Violence Act #19 in 2000 to provide greater protection and assistance to domestic violence victims.  It was enacted in recognition of the pervasive nature of domestic violence in Belize society in order to increase the resources available to deal with domestic violence cases.  The Domestic Violence Act defines domestic violence and governs protective orders, occupation orders, tenancy orders, other orders relating to counselling, the use of furniture and household effects, payment of rent, mortgage, utilities and compensation for any monetary loss due to domestic violence.  Where a protective order or interim protective order is violated, the individual violating the order may be liable to a fine of up to $5,000 or to imprisonment for up to six months.  (Section 21)



Married Persons (Protection) Act Central America & the Caribbean, Belize - Legislation - (2000)

Divorce and dissolution of marriage, Domestic and intimate partner violence, Sexual violence and rape

Under the Married Person (Protection) Act, a married woman can apply for an order that she is not “bound to cohabit with her husband,” for legal custody of children under the age 16, and for maintenance.  A married woman’s application for one of these orders must include either a husband’s assault on her of requisite seriousness, desertion, cruelty, willful neglect to provide maintenance, the husband is a “habitual drunkard,” the husband had a venereal disease and insisted on sex, the husband compelled her to prostitution, or adultery.  The same orders are available to a husband, but on more limited grounds: the wife is a “habitual drunkard,” cruelty, adultery, or desertion.  The Supreme Court may still make an order for the judicial separation of a husband and wife and for the payment of alimony, which is separate from the legal options available under this Act.



Protection Against Sexual Harassment Act Central America & the Caribbean, Belize - Legislation - (2003)

Sexual harassment

The Protection Against Sexual Harassment Act defines “unwelcome sexual advances,” outlines actionable forms of sexual harassment, and the process for filing a complaint with the court.  It is the court that may then carry out investigations and “may endeavor by such means as it considers reasonable to resolve a complaint.”  This Act also penalizes retribution and retaliation against complainants or witnesses, as well as false complaints.



Evidence Act Central America & the Caribbean, Belize - Legislation - (2000)

Sexual violence and rape, Statutory rape or defilement

Section 74 of the Evidence Act governs “[r]estrictions on evidence at trials for rape.”  This section provides that when a man is being prosecuted for rape or attempted rape, the “sexual experience of a complainant with a person other than that defendant” is inadmissible.  The exception to this rule is if a judge is satisfied that it would be unfair to the defendant to refuse to allow the evidence.  Under Section 92(3), a judge has discretion to warn the jury of the “special need for caution” when the prosecution relies only on the testimony of the accuser where a person is “prosecuted for rape, attempted rape, carnal knowledge or any other sexual offence.”



Families and Children Act Central America & the Caribbean, Belize - Legislation - (2000)

Divorce and dissolution of marriage

The Families and Children Act governs the rights of a child, legal capacity and disabilities of children, guardianship and custody of children, status of children, support of children by government, maintenance rights and duties of members of the family as between themselves, maintenance of persons in public institutions, maintenance during divorce, separation or nullity, parentage of children, care and protection of children, foster-care, approved children homes, adoption, and the establishment of the National Committee for Families and Children.