The Constitution of Honduras prohibits all forms of discrimination and federal legislation makes clear reference to equality for men and women. Patriarchal beliefs continue to influence the ideology of public institutions and political parties, however, and represent the main obstacle to improving conditions for women in the country. Interpersonal relations between men and women in Honduras are largely influenced by tradition and sexism is firmly rooted; in general, society considers women to be inferior to men.
The feminist movement in Honduras grew significantly in the 1980s and 1990s, and paved the way for the adoption of several laws favourable to women. Nevertheless, existing laws still contain discriminatory measures, such as the possibility for a woman of “good reputation” to carry out a prison sentence within her marital home.
The Family Code of Honduras upholds equality between the spouses in every aspect of everyday life, yet current legislation undermines the protection of women within the family. The incidence of early marriage is very high: a 2004 United Nations report estimated that 31 per cent of girls between 15 and 19 years of age were married, divorced or widowed. There is no evidence to suggest that polygamy is a common practice in Honduras
According to the Family Code, men and women share equal rights to parental authority. However, women face social pressure that prevents them from fully exercising their rights, particularly with regard to their children. Although both spouses are legally responsible for family matters, socio-economic traditions recognise men as the heads of households.
There is no legal discrimination against Honduran women in the area of inheritance. The law favours the surviving spouse regardless of gender, provided the inheritance is necessary for their subsistence. Nonetheless, tradition has a strong influence in this area as well, and can hinder women’s access to inheritance.
The government of Honduras has taken steps to strengthen protection of women’s physical integrity, but violence against women remains a common problem. In 1994, the government established a judiciary department specialising in violence against women. Family violence and rape were criminalised in 1997, and the definition of violence was broadened to encompass psychological and economic violence. The number of complaints resulting in convictions has increased considerably in recent years, but remains relatively low due to a lack of human, financial and logistical resources in the justice department.
Rape is considered a “public crime” and proceedings can be initiated even if the victim does not press charges. Spousal rape is an exception; in the absence of a complaint on the part of the victim, only a judge can make the decision to bring proceedings (this is done on a case-by-case basis). The penalty for rape ranges from three to nine years in prison, and is well applied by the authorities.
Female genital mutilation is not a common practice in Honduras. There is no evidence that it is a country of concern in relation to missing women.
Honduran legislation supports financial independence for women, but the law does not yet translate into daily life. Concerning access to land, Article 74 of the Law on Equal Opportunities for Women stipulates that women and men are equally entitled to benefit from the Land Reform Law, yet women own only one-quarter of all plots in the country. Socio-cultural norms generally recognise men as the heads of the families and, thus, as the landowners. Although the law specifies that land can be registered under the names of both spouses, this approach is rarely requested.
There are no legal restrictions that obstruct Honduran women’s access to property other than land. With the aim of improving support for families, the Family Code reflects the Constitution regarding jointly owned assets and guarantees ownership rights in the case of divorce. Nevertheless, discrimination persists. Upon marriage, couples can choose the “community of property” or the “separation of property” regime; in most cases, assets are registered solely under the husband’s name.
The Banque Nationale de Développement Agricole (BNDA) seeks to improve gender equality by providing equal access to bank loans for both men and women. Despite the absence of legal discrimination, women have a long history of being subject to social discrimination in trying to access loans, largely due to their lack of access to land.
The civil liberties of Honduran women appear to be well respected; there are no reported restrictions in regard to their freedom of movement or freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2006), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Honduras, Combined Fourth, Fifth, and Sixth Periodic Report of States Parties, CEDAW/C/HON/6, CEDAW, New York, NY.
JICA (Japan International Cooperation Agency) (2002), Honduras: Country WID Profile, JICA, Tokyo.
Lastarria-Corniel, S. et al. (2003), Joint Titling in Nicaragua, Indonesia and Honduras, Rapid Appraisal Synthesis, Land Tenure Center, University of Wisconsin-Madison, Madison.
Speiez, I., L. Whittle and M. Carter (2005), “Gender Relations and Reproductive Decision Making in Honduras”, International Family Planning Perspectives, Vol. 31, No.3, Guttmacher Institute, New York, pp. 131-139.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Honduras, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
