Human rights issues Human rights in Uruguay

1 human rights issues

1.1 right life
1.2 freedom of expression
1.3 freedom of religion
1.4 electoral rights
1.5 freedom torture , cruel, degrading , inhumane treatment
1.6 access justice/impunity
1.7 women s rights

human rights issues
right life

the death penalty has been abolished in uruguay.

freedom of expression

freedom of speech guaranteed in constitution. includes freedom in methods of dissemination including freedom of press. government respects these rights. in 2012 government decreed digital television free , unrestricted throughout uruguay. in 2014 passage of law of audiovisual communication services hailed human rights groups model latin american freedom of expression. law works reduce media concentration , create conscience clause journalists. inter-american commission on human rights special rapporteur on freedom of expression noted there occasional cases of violence , intimidation against journalists such 2011 assault on luis diaz police in salto. uruguay has made progress in reforming use of defamation suits when public interest present such suits can still result in impeding journalistic investigations.

freedom of religion

the uruguayan constitution guarantees freedom of religion , declares state supports no particular religion. argue uruguay goes further simple neutrality , in fact secular fundamentalist. religious education not provided , banned in public schools , regarded state being private practice. state has co-opted traditional religious holidays , renamed them along secular lines (easter “tourism week”). there sporadic reports of abuse based on religious discrimination, including anti-semitism, victims report helpful cooperation police on investigating these matters.

electoral rights

the uruguayan constitution establishes electoral democratic republic. legislative authority vested in bi-cameral general assembly , executive takes form of president , appointed cabinet. each elected five-year term universal suffrage. non-citizens domiciled in uruguay @ least 15 years , possess capital in country may vote. general assembly elected closed list proportional representation , president via majority runoff.

uruguay provides system of popular referenda. method of direct democracy allows citizens ratify parliamentary reforms, demand repeal of laws , institute new law through popular proposal.

uruguay has strong anti-corruption legislation, in particular transparency law (law cristal) introduces criminal liability number of actions of public officials such laundering of public funds. furthermore, uruguay introduced gender quotas election cycles, requiring equal representation on candidate shortlists.

freedom torture , cruel, degrading , inhumane treatment

uruguay has signed main international treaties banning act of torture such cat , iccpr, including optional protocols iccpr , cat recognise jurisdiction of united nations human rights committee , committee against torture receive , consider complaints regarding torture , inhumane treatment. constitution not contain clear freedom torture provision give right enjoy life, liberty, security , property. penal code contains provisions criminalising abuse of authority public officials in prison system , article 22.1 of law on cooperation international criminal court in matters of fight against genocide, war crimes , crimes against humanity criminalises torture state agent, including cruel, inhumane , degrading treatment. however, special rapporteur on torture (sr) has noted law not utilised individual crimes rather grouped crimes against humanity , urged reform change this.

torture not systematic problem police , other authorities infringe on prisoners’ rights. there reports of beatings , excessive use of force police , prison staff. special rapporteur noted prison conditions issue , amounted cruel, degrading , inhumane treatment. prison system in uruguay in 2013 @ 125% capacity , sr found conditions “an insult human dignity”. found prisoners had restricted access water, toilets, medical attention, , lack of space sleep , allowed out of cells 4 hours week. not uniform throughout prisons , prisoners of elevated economic , social status enjoyed far better facilities.

the sr found problems result of flawed criminal justice programme. extensive use of pre-trial detention , slow judicial system has resulted in overcrowding mixing of pre-trial detainees , convicted prisoners, violation of presumption of innocence. reported 68% of prisoners awaiting trial.

uruguay has made progress since visit of special rapporteur. emergency prison law has given more funding prison facilities , allows prisoners held in military facilities ease overcrowding. in follow visit sr found improvements , increases in prison facilities , reforms penitentiary supervision system again urged government continue pursue comprehensive criminal justice reform.

access justice/impunity

from 1973-1985 uruguay ruled military dictatorship. during time number of human rights abuses committed including use of torture, unlawful detention , enforced disappearances. in order prevent further coup, when democracy restored uruguay government passed ley de caducidad de la pretensión punitiva del estado or amnesty/expiry law in 1986 protected military , police prosecution crimes committed during dictatorship. article 4 of act withdrew right of judiciary investigate abuses in favour of executive control. judiciary still took cases in order pressure government using article 4 powers , high-profile cases such elena quinteros case achieved this. president vasquez opened cases occurring before coup investigation. 2011 supreme court had pronounced expiry law unconstitutional in 3 separate cases. pressure gelman v uruguay decision of inter-american court of human rights led repeal of expiry law in 2011 passage of act no. 18.831.

however recent events have continued undermine access justice victims of dictatorship , once again risked non-compliance international human rights standards. in 2013, supreme court found act no 18.831 unconstitutional statute of limitations should apply period of dictatorship , crimes committed during time should not classified crimes against humanity. decision applied case in particular demonstrates lingering unwillingness give justice. amnesty international has found little progress has been made since decision in ensuring crimes accounted for. committee on enforced disappearances noted in 2013 report supreme court decision declared persons missing more 30 years held dead , issue of homicide blunting efforts investigate enforced disappearances.

women s rights

under law, women have equal treatment. gender equality enshrined in number of laws such as:

law 16,045 barring discrimination in workplace
article 321 of penal code makes domestic violence distinct offence
law 17,823 gives juveniles right treated under conditions of equality
law 17,817 deals racism , forms of discrimination

violence towards women issue , un special rapporteur on torture noted state s response not adequate failure carry out action plan on fighting domestic violence. human rights groups have noted there had been increase in domestic violence complaints , state programmes had been unsuccessful @ reducing number of deaths of women.

in 2012 abortion decriminalised there obstacles accessing procedure such compulsory five-day wait , review expert panel. in event of pregnancy rape, rape victim must lodge complaint police before abortion can sanctioned. problem anecdotal evidence suggests rape victims not file complaints due social stigma , fear of retribution. access sexual , reproductive health contraception provided free. since 2004 there has been significant increase in number of family planning services throughout uruguay.

despite legal provisions, in cases women still have confront inequality such in employment or wage inequality. creation of national women’s institute , equal opportunities plan of municipal government of montevideo helping make progress.