Violence against women is widespread and has increased in recent years. It includes sexual violence (the most prevalent form), enforced disappearances, torture, forms of slavery, unwanted pregnancies, early marriages and femicides. Women who file complaints tend to come from the lower to middle classes. Perpetrators are mostly from the family circle, but can also be from gangs, drug trafficking or the political world. State authorities are also sometimes cited as perpetrators.
Between 1999 and 2016, the country passed a series of laws to protect women's rights. Many Guatemalan civil society organisations support women. The state has developed an action plan to prevent and eradicate violence against women. This plan is being implemented by numerous bodies involved in both prevention and protection.
The effectiveness of the remedies available to victims is questioned by several sources. The Guatemalan justice system suffers from many problems, including a lack of independence, corruption, high levels of impunity, insufficient resources and personnel, and lengthy proceedings. Nevertheless, convictions are handed down and protective measures are granted.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.