Gender Equality in El Salvador - Wikigender.org
 

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El_Salvador
flag_El_Salvador.png
Flag of El_Salvador
Population (in Mil.) 6.1
Sex Ratio (m/f) 0,93
Life Expectancy Ratio (f/m) 1.14
Fertility Rate -
Income Ratio (f/m) -
Literacy Ratio (f/m) n/a
Tertiary Enrolment Ratio (f/m) 1,22
Women in Parliament (in %) 16,7
SIGI Rank 8
More information on variables
Did you know that El_Salvador ranks number 8 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in El_Salvador" at genderindex.org:

Contents

Social Institutions

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 the status of women. The percentage of households headed by women has increased, mainly because of large-scale male emigration from rural areas.

Family Code

The Family Code in El Salvador does not discriminate against women. Early marriage does occur and 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 survey estimated that 16% of girls aged between 15 and 19 were 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.

Physical Integrity

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 does not appear to be a common practice in El Salvador. Available data suggests that it is a country of concern in relation to missing women.

Civil Liberties

There are no legal restrictions to women’s civil liberties in El Salvador. They seem 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.

Ownership Rights

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 the land transfer programme that resulted from the 1992 peace agreement. More recently, the government is promoting 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 as regards 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.

Sources

  • CEDAW (2001), Considerations of reports submitted by states parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women; fifth periodic report of States parties – El Salvador CEDAW/C/SLV/5, Committee on the Elimination of Discrimination Against Women.
  • CEDAW (2002), Considerations of reports submitted by states parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women; sixth periodic report of States parties – El Salvador CEDAW/C/SLV/6, Committee on the Elimination of Discrimination Against Women.
  • CEDAW (2007), Considerations of reports submitted by states parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women; seventh periodic report of States parties – El Salvador CEDAW/C/SLV/7, Committee on the Elimination of Discrimination Against Women.
  • CRC (2004), Considerations of reports submitted by state parties under article 44 of the convention, concluding observations : Salvador, CRC/C/15/Add.132
  • JICA (2005), El Salvador, Country gender profile, Rosalia Jovel, Japan international cooperation agency
  • UN (2004), World Fertility Report, Department of Economic and Social Affairs, Population Division. New York : UN
  • UN (2006), In-depth study on all forms of violence against women, report of the Secretary-General, General Assembly, A/61/122/Add.1
  • US. DEPARTMENT OF STATE (2006), Country Reports on Human Rights Practices, Dominican Republic , Bureau of Democracy, Human Rights and Labor

See Also

The Women, Business and the Law

Where are laws equal for men and women? 

The Women, Business and the Law report presents indicators based on laws and regulations affecting women's prospects as entrepreneurs and employees. Several of these indicators draw on the Gender Law Library, a collection of over 2,000 legal provisions impacting women's economic status. This report does not seek to judge or rank countries, but to provide information to inform discussions about women’s economic rights. Covering 128 economies, Women, Business and the Law provides data covering 6 areas: accessing institutions,using property, getting a job, dealing with taxes, building credit, and going to court.Read more about the methodology.

For detailed information on El Salvador, please visit the Women, Business and
the Law El Salvador
page.

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