The Constitution of El Salvador neither defines nor explicitly prohibits discrimination. The legislation provides for equality in the exercise of civil and political rights, but does not mention economic, social or cultural rights. The Penal Code provides for sanctions only in the case of “severe” discrimination.
But the situation seems to be improving. A review of the legislation is underway, with the aim of removing discriminatory clauses. In 1996, the government established an Institute for the Development of Women, which has a mandate to ensure the implementation of action plans to improve women’s level of protection. The percentage of households headed by women has increased, mainly because of large-scale male emigration from rural areas.
The Family Code in El Salvador does not discriminate against women. However, early marriage is quite frequent. The law authorises marriage from the age of 14 if both the boy and girl have reached puberty, if the girl is pregnant or the couple has had a child. A 2004 United Nations report estimated that 16 per cent of girls between 15 and 19 years of agewere married, divorced or widowed.
There is nothing to indicate that polygamy is practised in El Salvador.
Parental authority is exercised jointly by both parents. The Family Code explicitly states that spouses have equal rights and duties and that neither spouse can prevent the other from receiving education or embarking on a legal process. In reality, traditional social stereotypes prevail in El Salvador. Many fathers fail to fulfil their family obligations and, as a result, a growing number of women take full responsibility for managing their households.
Women have the same inheritance rights as men; in fact, inheriting is the main means by which women become land owners.
In theory, the physical integrity of women is well protected in El Salvador, but violence against women is a serious problem. The law provides for compulsory therapy for the perpetrators of sex-related crimes and stipulates that domestic violence should be punished by one to three years in prison. The government has created a national action plan to tackle domestic violence, but the practice is still seen as socially acceptable by a large proportion of the population and few victims bring complaints. There are no specific laws dealing with spousal rape, but it can be classed as a crime.
Female genital mutilation is not a common practice in El Salvador. However, available data suggest that it is a country of concern in relation to missing women.
The government in El Salvador has made a significant contribution to improving the financial situation of women. Inequalities remain in relation to access to land in El Salvador, even though the situation of women improved significantly thanks to land reform in the 1980s and to the land transfer programme implemented as part of the 1992 peace agreement that ended a 12-year civil war. More recently, the government has promoted a land access programme that appeared to benefit more women than men between 2003 and 2005. Most women who are involved in agricultural activities and head their families now own the land on which they work. However, the land transfer programme benefited women in only about one-third of cases.
There is no legal discrimination against women in regard to access to property other than land, but women’s rights are restricted by tradition.
Legally, women have equal rights in obtaining access to bank loans, but tradition considers them unsuited to dealing with economic and financial matters. The government has launched several programmes to tackle this de facto discrimination and improve women’s access to loans, particularly in rural areas.
There are no legal restrictions to women’s civil liberties in El Salvador. Women appear to have freedom of movement and their freedom of dress appears to be respected. The Family Code explicitly states that married couples must jointly decide upon their place of residence.
CEDAW (Committee on the Elimination of Discrimination against Women) (2001), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: El Salvador, Fifth Periodic Report of States Parties, CEDAW/C/SLV/5, CEDAW, New York, NY.
CEDAW (2002), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: El Salvador, Sixth Periodic Report of States Parties, CEDAW/C/SLV/6, CEDAW, New York, NY.
CEDAW (2007), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: El Salvador, Seventh Periodic Report of States Parties, CEDAW/C/SLV/7, CEDAW, New York, NY.
CRC (Committee on the Rights of the Child) (2004), El Salvador: Considerations of Reports Submitted by State Parties Under Article 44 of the Convention, Concluding Observations, CRC/C/15/Add.132, CRC, New York, NY.
JICA (Japan International Cooperation Agency) (2005), El Salvador: Country Gender Profile, JICA, Tokyo.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UN (2006), In-depth Study on all Forms of Violence Against Women, Report of the Secretary-General, General Assembly, A/61/122/Add.1, UN, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: El Salvador, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
