The Constitution of the Republic of Venezuela, adopted in 1999, upholds equal rights for men and women in all areas of daily life (within the family, at work, in the community and in political and economic affairs). It also prohibits all forms of discrimination. Article 88 recognises the economic and social value of domestic work.
While the Constitution represented significant progress in terms of male-female equality, the 1982 Civil Code and the Penal Code of 1937 include numerous discriminatory provisions. In addition, stereotypical attitudes and patriarchal traditions persist in Venezuela, limiting women’s ability to exercise their rights. Domestic violence also remains a serious problem.
The level of protection for Venezuelan women within the family could be further improved. The legal minimum age for marriage is 14 years for women and 16 years for men, and early marriage is still common. A 2004 United Nations report estimated that 18 per cent of women between 15 and 19 years of age were married, divorced or widowed. Women are not allowed to remarry for ten months after a divorce or annulment, unless they can prove that they are pregnant.
There is nothing to indicate that polygamy is practised in Venezuela.
Reform of the Civil Code in 1982 established equality between men and women in relation to parental authority, effectively overriding the long-held principle that husbands had authority over their wives. Article 76 of the Constitution provides men and women with equal responsibility for their children’s education and development. A law to protect children and teenagers stipulates that, in the event of divorce, separation or annulment, or if the parents live in different places, parents make a joint decision about the custody of children over the age of seven. Younger children remain with their mother.
Legally, women and men in Venezuela have the same inheritance rights.
The level of protection for Venezuelan women within the family could be further improved. The legal minimum age for marriage is 14 years for women and 16 years for men, and early marriage is still common. A 2004 United Nations report estimated that 18 per cent of women between 15 and 19 years of age were married, divorced or widowed. Women are not allowed to remarry for ten months after a divorce or annulment, unless they can prove that they are pregnant.
There is nothing to indicate that polygamy is practised in Venezuela.
Reform of the Civil Code in 1982 established equality between men and women in relation to parental authority, effectively overriding the long-held principle that husbands had authority over their wives. Article 76 of the Constitution provides men and women with equal responsibility for their children’s education and development. A law to protect children and teenagers stipulates that, in the event of divorce, separation or annulment, or if the parents live in different places, parents make a joint decision about the custody of children over the age of seven. Younger children remain with their mother.
Legally, women and men in Venezuela have the same inheritance rights.
The physical integrity of Venezuelan women is not sufficiently guaranteed, even though several legal initiatives address violence against women. The Law on Violence against Women and the Family criminalises domestic violence, but the punishment – six to 18 months in prison – is too mild to effectively prevent violent attacks. In 2005, the government passed the Organic Law on the Right of Women to a Life without Violence, which aims to save the lives and protect the physical integrity of women living in violent environments or likely to be vulnerable to violence. More than two-thirds of women murdered in Venezuela are killed by their husbands, boyfriends or former partners. Women suffer from significant social and institutional prejudice in relation to domestic violence and rape. To counter this, the law obliges relevant authorities to notify the police (for example, doctors caring for patients who have suffered domestic violence).
Rape, including spousal rape, is punishable by between 8 and 14 years in prison. In practice, complaints are rare. Moreover, adult men who commit rape can avoid serving their sentences by marrying the victim before the verdict is announced. Sexual harassment in the workplace is a common problem in Venezuela; as yet, it is not punishable by law.
Female genital mutilation is not a common practice in Venezuela, and there is no evidence that it is a country of concern in relation to missing women.
The government of Venezuela has taken steps to improve women’s ownership rights, but traditional practices persist. In regard to access to land, the 2001 Law on Land and Agricultural Development states that one priority is “to allocate land to women who are also heads of their household and who intend to cultivate a small area of land in order to sustain their family group”.
The 1982 reform of the Civil Code improved women’s access to property other than land by making provisions for the joint administration of a married couple’s joint property. The reform also gave married women full legal capacity to enter into contracts. The Commercial Code explicitly stipulates that women can establish businesses independently of their husbands. In practice, many women limit their rights of ownership by signing a power of attorney in favour of their husbands.
The Women’s Development Bank was created in 2001 to improve women’s access to bank loans. It is a public, micro-credit institution that provides loans and other financial and non-financial services to women living in poverty.
The civil liberties of Venezuelan women are well respected. Their freedom of movement seems to be upheld in general, and the law stipulates that spouses should make a joint decision regarding their place of residence. There are no reported restrictions on women’s freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Venezuela, Combined Fourth, Fifth and Sixth Periodic Reports of States Parties, CEDAW/C/VEN/4-6, CEDAWNew York, NY.
Freedom House (2007), Report on Venezuela, Freedom House, Inc., Washington, DC.
HRW (Human Rights Watch) (2002), World Report 2002, HRWNew York, NY.
Rodriguez-Ferrant, G.I. (2004), Venezuela Child Abduction, Law Library of Congress, Washington, DC.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population DivisionNew York, NY.
UN Habitat (2006), Progress Report on Removing Discrimination Against Women in Respect of Property and Inheritance Rights, Tools on Improving Women’s Secure Tenure, Series 1, No. 2, UN Habitat, Nairobi.
UNDP (United Nations Development Programme) (1999), UNDP Against Violence, Venezuela National Report, UNDP, New York, www.undp.org/rblac/gender/venezuela.htm.
US Department of State (2007), Country Reports on Human Rights Practices: Venezuela, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
