The Constitution of Haiti does not specifically prohibit discrimination on the grounds of sex, although the ratified International Covenant on Civil and Political Rights ostensibly mandates such protections. In 1994, the government established a Ministry for the Status of Women, which has mostly had symbolic impacts for women. Tradition still restricts Haitian women in the exercise of their rights and prevents them from acquiring the same social and economic status as men. Women in rural areas in particular remain confined to traditional roles and activities. Nearly half of Haitian households are headed by women.
The Haitian Family Code is not favourable to women. The minimum legal age for marriage is 15 years for women and 18 years for men, and early marriage is common. A 2004 United Nations report estimated that 19 per cent of girls between 15 and 19 years of age were married, divorced or widowed. A small fraction of marriages in Haiti are still arranged.
Polygamy is relatively common in Haiti, although the incidence is declining sharply: at present, less than one-third of unions are polygamous. Awareness campaigns about sexually transmitted diseases are believed to have contributed to this downward trend.
Family structures in Haiti create multiple challenges; in many cases, one woman’s children may be the offspring of several different fathers. Haitian law recognises this and authorises parental authority accordingly. However, children born outside of marriage are subject to legal discrimination in that an article of the Civil Code denies their right to know their father’s identity. No information is available about child custody rights in the event of divorce.
Haitian women do not face any legal discrimination in the matter of inheritance, but according to tradition they are generally awarded smaller shares than men.
The physical integrity of Haitian women is not sufficiently protected. Even though Haitian law prohibits and punishes rape and domestic violence, violence against women remains a serious issue. Domestic violence is widespread and appears to be on the rise. The association Solidarité des Femmes Haïtiennes (SOFA) estimates that eight in ten Haitian women have been victims of domestic abuse; in half of these cases, the husband or partner is the perpetrator. Nearly one-third of Haitian women believe that wife-beating is justified under certain circumstances. The Penal Code excuses husbands who murder their wives if the woman has committed adultery; wives who murder their husbands under similar conditions do not receive the same leniency.
Rape is a crime in Haiti and is punishable by up to ten years in prison. Women are the main victims of a particular type of political violence in the country. The practice of zenglendos, which involves men breaking into a house to rape the female occupants, is frequently used to exert political pressure.
Female genital mutilation is not a common practice in Haiti, nor is there any evidence to suggest it is a country of concern in relation to missing women.
Access to property is still difficult for women in Haiti, including access to land: just over 10 per cent of women in rural areas work on their own farms.
Women have the right to access to property other than land, which usually includes assets such as the family home, cattle and land; these assets may be solely or jointly owned. Women often purchase cattle alone, but generally acquire other property by combining resources with another person. It is rare for women to own secondary properties or vehicles.
Haitian women have limited access to bank loans: very few women have received loans, in part because women lack information about lending programmes.
The civil liberties of women in Haiti appear to be well respected; there are no reported restrictions on their freedom of movement or freedom of dress.
DHS (Demographic and Health Surveys) (2007), Haiti: DHS, 2005 - Final Report, Michel Cayemittes et al. Institut Haïtien de l’Enfance (IHE) Pétionville, Haïti and Macro International Inc., Calverton, MD.
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, UN General Assembly, 61st Session A/61/122/Add.1, UN, New York, NY.
Guardella, A. (2006), Gender Assessment USAID/Haiti, USAID (US Agency for International Development), Washington, DC.
US Department of State (2007), Country Reports on Human Rights Practices: Haiti, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
Womenwarpeace (2007), Gender Profile of the Conflict in Haiti, womenwarpeace.org.
