Trade Unions In Paraguay
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Technically speaking, Paraguayan law prohibits
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
on grounds of gender, race, language, disability, or social status, but there is nonetheless widespread discrimination. Under Paraguayan law, freedom of speech is technically guaranteed. The news media are independent and theoretically free to criticize the government, although political officials often sue the media for
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
in order to put an end to undesirable investigations. Journalists are also frequently “subjected to harassment, intimidation, and violence – primarily from
drug trafficking A drug is any chemical substance other than a nutrient or an essential dietary ingredient, which, when administered to a living organism, produces a biological effect. Consumption of drugs can be via inhalation, injection, smoking, ingestion, ...
gangs and criminal syndicates based in departments bordering
Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
– due to their reporting.” The government does not limit Internet access or academic freedom;
freedom of assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...
is restricted, with demonstrations allowed only at certain times and places. Paraguayans may move freely around the country, travel or move abroad, and move back to Paraguay. The country has accepted
political refugee The right of asylum, sometimes called right of political asylum (''asylum'' ), is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another enti ...
s, mostly from
Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
. Elections are free and fair, although unregistered parties and independent candidates are not allowed to take part in national and departmental elections


Women's rights

Rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
and
domestic violence Domestic violence is violence that occurs in a domestic setting, such as in a marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes r ...
are major problems in Paraguay. Rape is punishable by up to 10 years in jail, but police are often hesitant to make arrests. Domestic violence must be “habitual” to be considered criminal. Domestic-violence charges are often withdrawn owing to family pressure. Women technically enjoy equal rights but
sexual discrimination Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is int ...
, especially in employment and pay, is common and traditional. Paraguayan law requires that in party primaries at least 20 percent of the candidates in each party must be women. There are women serving in most levels of government. The
Committee on the Elimination of Discrimination against Women The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...
called on Paraguay in 2011 to conduct “awareness-raising and public educational campaigns...with a view to bring about changes in traditional attitudes associated with discriminatory gender roles in the family and in society at large.” It also suggested that the media and advertisers adopt a “code of conduct” with the goal of avoiding sexual stereotypes and preventing gender discrimination. The committee also called for more vigorous prosecution of perpetrators of violence against women and intensified efforts to raise awareness throughout Paraguay of the inappropriateness of such activity. It also urged Paraguay to set quotas to ensure increased participation by women in politics and diplomacy. The
UN Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per yea ...
called on Paraguay in 2006 to “ensure that legislation protecting against gender discrimination is enforced and that the institutions created for that purpose are adequately financed for effective operation.” It also asked Paraguay “to ensure equal working conditions for men and women and to increase participation by women in all areas of public and private life.” As for Paraguay's “restrictive abortion laws,” the committee asked Paraguay to “take effective action to reduce infant and maternal mortality by, inter alia, revising its legislation on abortion ...and ensuring that contraceptives are available to the general public, especially in rural areas.” A 2023 US State Department report indicated no reports of coerced abortion or involuntary sterilization by government authorities. Reproductive health services were mainly available in urban areas, leaving rural areas underserved. While the government provided access to sexual and reproductive health services, including for survivors of sexual violence, there were inconsistencies in service provision. Some doctors refused services based on personal beliefs, and women's rights advocates reported instances of doctors declining
tubal ligation Tubal ligation (commonly known as having one's "tubes tied") is a surgical procedure for female sterilization in which the fallopian tubes are permanently blocked, clipped or removed. This prevents the fertilization of eggs by sperm and thus the ...
procedures for childless women under 30 without spousal consent.


Migrants' rights

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families recommended in 2012 that Paraguay “strengthen its institutional structure for dealing with migration-related issues” and “establish a coordination mechanism with a view to improving services for migrant workers and their families while, at the same time, working to ensure its compliance with and the uniformity of regional and international treaties to which Paraguay is party.” The committee also urged Paraguay to take more serious steps to combat human trafficking.


Indigenous people's rights

Paraguay is a signatory of Convention 169 Indigenous and Tribal People's Convention of the
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...
(ILO) and of the
UN Declaration on the Rights of Indigenous Peoples , , The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding United Nations resolution passed by the United Nations in 2007 that delineates and defines the individual and collective rights of indig ...
(UNDRIP). The rights of indigenous people are supposed to be safeguarded by the
National Institute of the Indigenous National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, ce ...
(INDI), the Public Ministry, and the Ombudsman's Office. Nonetheless, discrimination against indigenous persons is widespread, and such persons' rights, especially their property rights, are often violated by authorities. Although indigenous people are permitted to serve in government, moreover, there are no such persons in any higher-level government position. As
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
put it in a 2012 report, there is “wide international recognition of the fact that Indigenous Peoples in Paraguay suffer serious and systematic violation of their rights.” The
Committee on Economic, Social and Cultural Rights The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations treaty body entrusted with overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is composed of 18 expe ...
(CESCR), the
UN Permanent Forum on Indigenous Issues The United Nations Permanent Forum on Indigenous Issues (UNPFII or PFII) is the UN's central coordinating body for matters relating to the concerns and rights of the world's indigenous peoples. There are more than 370 million indigenous peop ...
, the ILO, the
UN Special Rapporteur Special rapporteur (or independent expert) is the title given to independent human rights experts whose expertise is called upon by the United Nations (UN) to report or advise on human rights from a thematic or country-specific perspective. De ...
on Indigenous Peoples, and the Inter-American Commission and Court of Human Rights have all expressed concern about the land rights of indigenous people in Paraguay; such groups as Tierraviva, CODEHUPY, the Catholic Bishops’ Conference and the Coordinator for the Self-Determination of Indigenous Peoples (Coordinadora por la Autodeterminación de los Pueblos Indígenas, CAPI) have criticized indigenous people's displacement from their tribal lands. Also, the National Federation of Workers (Confederación Nacional de Trabajadores, CNT) has criticized the failure to consult indigenous persons on laws affecting their rights. The
UN Committee on the Elimination of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discri ...
called on Paraguay in 2012 to protect indigenous people's rights, especially land claims. In the same year, Amnesty International suggested that “approving and implementing anti-discrimination legislation that adheres to international human rights standards would play an important role in promoting Indigenous Peoples’ rights and in requiring concrete actions to uphold them.”


Children's rights

Paraguayan nationality Paraguayan nationality law is based on the principle of Jus soli. The nationality law is based on the Chapter 3 of the Paraguayan Constitution of 1992. The legal means to acquire nationality, formal membership in a nation, differ from the relat ...
is acquired by being born in Paraguay, or to citizens temporarily living abroad, or government employees serving abroad. A 2010 report by the
UN Committee on the Rights of the Child The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child. The committee also monitors the convention's three optional protoco ...
complained that many children in Paraguay, however, are unregistered. Child abuse and neglect are widespread, as is child labor. The
U.S. Department of Labor The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unem ...
's ''
List of Goods Produced by Child Labor or Forced Labor The ''List of Goods Produced by Child Labor or Forced Labor'' is an annual publication issued by the United States Government's Bureau of International Labor Affairs at the U.S. Department of Labor. It has been published within the December 2014 ...
'' reported 5 goods produced under such working conditions in Paraguay. These included the production of bricks, the quarrying of stone, the production of cotton and sugarcane as well as pornography. The National Commission to Prevent and Eradicate the Exploitation of Children, the Secretariat for Children and Adolescents (SNNA), and the Integral Adolescent Attention Service seek to protect children and adolescents from abuse. There are hostels, shelters, and children's homes and orphanages around the country. A major problem is the sexual exploitation of children, many of whom work as prostitutes. Adults who pimp out child prostitutes are punishable by up to eight years. For opposite-sex statutory rape, the maximum penalty is a fine; for same-sex statutory rape, a prison sentence. These laws are not vigorously enforced, however. The UN Human Rights Committee called on Paraguay in 2006 “to ensure respect for children's rights, including urgent steps to eradicate child labor.” An extensive 2010 report by the UN Committee on the Rights of the Child made a series of urgent proposals regarding the human rights of children in Paraguay, including calls for major improvement in official approaches to the abuse, sexual exploitation, and
trafficking of children Trafficking of children, also known as child trafficking, is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, harbouring, or receipt of a child" for the purpose of slavery, forced labour, and s ...
, in the prevention of child labor, and in children's access to health care, education, and proper nutrition. In 2020, Paraguay made progress in combating the worst forms of child labor by implementing virtual training for labor inspectors, establishing a labor complaint
hotline A hotline is a Point-to-point (telecommunications), point-to-point information transfer, communications Data link, link in which a telephone call, call is automatically directed to the preselected destination without any additional action by t ...
, involving Local Defense Councils for Children's Rights in investigations, and approving a national plan to counter trafficking in persons. Despite these efforts, children in Paraguay still face the worst forms of child labor, such as
domestic servitude A domestic worker is a person who works within a residence and performs a variety of household services for an individual, from providing cleaning and household maintenance, or cooking, laundry and ironing, or care for children and elderly de ...
, human trafficking,
debt bondage Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, or whe ...
in
cattle raising A ranch (from /Mexican Spanish) is an area of land, including various structures, given primarily to ranching, the practice of raising grazing livestock such as cattle and sheep. It is a subtype of farm. These terms are most often applied to li ...
, dairy farms, and charcoal factories. Paraguay is a signatory of the 1980 Hague Convention on the Civil Aspects of International Child Abduction.


Rights of persons with disabilities

Technically it is illegal in Paraguay to discriminate against disabled people, but discrimination is widespread, and there is no law requiring buildings or transport to be wheelchair accessible. For this reason most disabled children are unable to attend school. A law requires 5 percent of government jobs to be filled by disabled persons, but in practice fewer than one percent of such jobs are held by persons with disabilities.


LGBT rights

Officially, discrimination against gays is illegal, though discrimination is widespread, and government officials often ignore the law in practice. LGBT groups operate freely, and the government issues permits and provides security for gay-pride marches. Even though the state provides security for gay-pride marches and gatherings recently these marches and gatherings have led to clashes between the police and the paraders that have accused the government of discriminating them after some homophobic statements made by Colorado and UNACE congressmen.


Employee rights

Paraguayan law allows unions, strikes, and collective bargaining, and forbids binding arbitration. In practice, however, employers act with impunity against strikers and unions. The law also prohibits forced labor, but in practice, it is widespread. Labor by children under 14 is illegal, but it is actually widespread. As of 2010, slightly over half of Paraguayan children between ages five and 17 are in employment, with the majority of them working over 14 hours a week. There are known to be slaves in Paraguay, especially among domestic servants; parents sell children to perform forced labor, smuggle drugs, and commit other crimes. Enforcement of laws against these activities is hampered by a lack of resources. There is a
minimum wage A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. List of countries by minimum wage, Most countries had introduced minimum wage legislation b ...
, but it is unenforced. There is also a standard workweek, but violations abound.


Institutionalized corruption

Police officers are frequently involved in crime. Paraguayan police have been described in a 2010 U.S. State Department report as “poorly trained, inadequately funded, generally corrupt, and shielded by impunity.” Policemen commit kidnappings, detain civilians in order to extort bribes, and conspire with prosecutors to commit blackmail and other crimes. The report refers to “routine incidents of police involvement in
homicide Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidenta ...
, arms and
narcotics trafficking The illegal drug trade, drug trafficking, or narcotrafficking is a global black market dedicated to the cultivation, manufacture, distribution and sale of drug prohibition, prohibited drugs. Most jurisdictions prohibitionism, prohibit trade, exce ...
,
car theft Motor vehicle theft or car theft (also known as a grand theft auto in the United States) is the Crime, criminal act of Theft, stealing or attempting to steal a motor vehicle. In 2020, there were 810,400 vehicles reported stolen in the United ...
,
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...
,
extortion Extortion is the practice of obtaining benefit (e.g., money or goods) through coercion. In most jurisdictions it is likely to constitute a criminal offence. Robbery is the simplest and most common form of extortion, although making unfounded ...
, and
kidnapping Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...
throughout the country, with such abuses particularly widespread in
Ciudad del Este Ciudad del Este (, Spanish for Eastern City; often shortened as CDE) is the second-largest city in Paraguay and capital of the Alto Paraná Department, situated on the Paraná River. It is located 327 km east of Asunción, the capital, and i ...
and other areas bordering Brazil.” Between 2008 and 2010, several police officers were arrested for or found guilty of various acts of murder and manslaughter. Some kidnappings have resulted in disappearances. Paraguayan law prohibits
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
, but some police officers and other government officials engage in it anyway. The State Department report mentions that “some security forces and government prosecutors” in Paraguay, “acting in official capacity but without government knowledge or support,” may have “occasionally killed individuals for personal gain.” Although candidates for public office are supposed to issue financial disclosures, many do not. Extortion is common at many levels of Paraguayan society. Military officers have routinely extorted money from their subordinates, and Civil Registry Office officials have demanded money illegally for performing standard services. In practice, official
corruption Corruption is a form of dishonesty or a criminal offense that is undertaken by a person or an organization that is entrusted in a position of authority to acquire illicit benefits or abuse power for one's gain. Corruption may involve activities ...
is rarely punished. The 2023 US Department of State report on Paraguay noted that while laws were in place to address corruption, their enforcement was found to be lacking. Reports indicated instances of corruption across various government branches and levels, including
embezzlement Embezzlement (from Anglo-Norman, from Old French ''besillier'' ("to torment, etc."), of unknown origin) is a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking ...
, tax evasion,
illicit enrichment Illicit enrichment generally refers to a situation in which a person has enjoyed some sort of wealth that cannot or has not been justified as coming from a legitimate source of income. The exact definitions for illicit enrichment, and the terminolo ...
, and criminal association. High-level officials accused of corruption often faced impunity, with cases progressing slowly and sometimes being dismissed. The politicization and corruption within the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
were also highlighted as factors that impeded accountability and eroded public trust.


Rights of prisoners

Paraguayan prisons are not up to international standards. Conditions have been described as "deplorable." Among the problems are violence, mistreatment, overcrowding, inadequate and poorly trained staff, deteriorating infrastructure, unsanitary living conditions, poor food safety standards, and inadequate medical and psychological care. Some inmates have weapons. Deaths while in custody are not uncommon. Certain prisoners demand bribes from visitors in order to arrange contact with the inmates they are visiting. As of 2010, about 30 percent of the inmates in Paraguayan prisons should have, according to the country's constitution, been released already but were still being held pending a judge's order. Inmates can receive better accommodations in exchange for regular payments. In 2010, it was discovered that inmates in one prison were blackmailing underage girls to come to the prison to videotape sex acts. It was alleged that some prison officials, including the
warden A warden is a custodian, defender, or guardian. Warden is often used in the sense of a watchman or guardian, as in a prison warden. It can also refer to a chief or head official, as in the Warden of the Mint. ''Warden'' is etymologically ident ...
and clergy working in the prison, were involved in this activity. Some juvenile offenders are imprisoned in adult prisons. Paraguay permits the media, human-rights groups, the
Red Cross The organized International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 16million volunteering, volunteers, members, and staff worldwide. It was founded to protect human life and health, to ...
, and other organizations to visit prisons and monitor conditions. A National Commission on Prison Reform was created in 2010. A group of international human-rights organizations issued a statement in December 2012 denouncing “the health plight of 10 farmers who have been on a hunger strike for nearly two months after being arbitrarily detained in the prison of Coronel Oviedo, Caaguazú department, Paraguay.” The strikers were described as “part of a group of 54 people who have been arbitrarily charged with seven criminal charges including offense of murder, attempted murder, serious injury, criminal association, grave coercion, coercion and invasion.” The statement listed a series of violations of Paraguayan law that had been made in connection with this case.


Human-rights ombudsman

The UN Committee on Torture called on Paraguay in 2011 to appoint a replacement for the nation's human-rights ombudsman, whose mandate had expired. The committee also expressed concern that the office of ombudsman had insufficient resources, and called on Paraguay to “equip the Office of the Ombudsman with sufficient financial, material and human resources to carry out its mandate effectively and independently, in accordance with the Paris Principles.”


See also

*
Dictatorship of Alfredo Stroessner The dictatorship of Alfredo Stroessner, colloquially known as the Stronismo or Stronato, was the period of almost 35 years in the history of Paraguay in which army general Alfredo Stroessner ruled the country as a ''de facto'' one-party state u ...


References

*
Paraguay


External links


Freedom of expression in Paraguay
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IFEX Ifosfamide, sold under the brand name Ifex among others, is a chemotherapy medication used to treat a number of types of cancer. This includes testicular cancer, soft tissue sarcoma, osteosarcoma, bladder cancer, small cell lung cancer, cervic ...
* See the PARAGUAY page in the pro Justice and Democracy website Habeas-Corpus.net
/big> {{DEFAULTSORT:Human Rights In Paraguay
Paraguay Paraguay, officially the Republic of Paraguay, is a landlocked country in South America. It is bordered by Argentina to the Argentina–Paraguay border, south and southwest, Brazil to the Brazil–Paraguay border, east and northeast, and Boli ...