Legal framework

This section lists Nicaragua's protected characteristics.

Article 5 Liberty, justice, respect for the dignity of the human person, political and social pluralism, the recognition of the distinct identity of the indigenous peoples and those of African descent within the framework of a unitary and indivisible state, the recognition of different forms of property, free international cooperation and respect for the free self-determination of peoples, Christian values, socialist ideals, and practices based on solidarity, and the values and ideals of the Nicaraguan culture and identity, are the principles of the Nicaraguan nation. Political pluralism ensures the free organization and participation of all political parties in the electoral processes established in the Constitution and the laws; and their participation in the political, economic and social affairs of the country. Christian values ensure brotherly love, the reconciliation between the members of the Nicaraguan family, the respect for individual diversity without any discrimination, the respect for and equal rights of persons with disabilities, and the preference for the poor. The socialist ideals promote the common good over individual egoism, seeking to create an ever more inclusive, just and fair society, promoting an economic democracy which redistributes national wealth and eliminates exploitation among human beings. Solidarity among Nicaraguans must consist in joint action which leads to the abolition of exclusionary practices and favours the most impoverished, disadvantaged and marginalized people; a feeling of unity based on common objectives and interests of the nation, as cooperation and mutual assistance promote and breathe life into relations based characterized by understanding, respect and dignity which form the basis for peace and reconciliation among individuals. The State recognizes the existence of the indigenous peoples and those of African descent who enjoy the rights, duties and guarantees designated in the Constitution, and especially those which allow them to maintain and develop their identity and culture, to have their own forms of social organization and administer their local affairs, as well as to preserve the communal forms of land property and their exploitation, use, and enjoyment, all in accordance with the law. For the communities of the Caribbean Coast, an autonomous regime is established in the present Constitution. The various forms of public, private, associative, cooperative, communitarian, communal, family-owned, and mixed property shall be guaranteed and encouraged without discrimination in order to produce wealth and shall serve social needs by operating freely. Nicaragua guarantees the right of asylum to persons persecuted for political reasons and rejects any subordination of one State to another. Article 6 Nicaragua is an independent, free, sovereign, unitary and indivisible State. It is organized as a democratic and social state based on the rule of law which promotes as superior values the protection of the dignity of the people through the legal order, liberty, justice, equality, solidarity, social responsibility and, in general, the primacy of human rights, ethics, and the common good. The female and male citizens and the family are the major elements in the decision-making, planning and administrative processes of the State. Article 16 – 22 Cover the rights of nationality. Article 23 The right to life is inviolable and inherent in the human person. In Nicaragua there is no death penalty. Article 24 Everyone has duties to his/her family, the community, the homeland and humanity. Article 25 Everyone has the right to; individual liberty; security; recognition of his/her legal personality and capacity. Article 2 Everyone has the right to; Privacy in his/her life and that of his/her family; Respect of his/her honour and reputation; Know about any information which private or public entities may have on record about him/her as well as the right to know why and for what purpose they hold such information; Inviolability of his/her domicile, correspondence and communication of any kind. A private home may be searched only with a warrant from a competent judge with exceptions. The law determines the conditions and procedures for the search of private documents, fiscal records and related documents where this is indispensable for the investigation of matters before the courts or for taxation purposes. Letters, documents, and other private papers which have been unlawfully seized shall be null and void in judicial proceedings or elsewhere. Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition. Foreigners have the same rights and duties as Nicaraguans, with the exception of political rights and other rights established by law; they may not intervene in the political affairs of the country. The State respects and guarantees the rights recognized in this Constitution to all persons who are in its territory and subject to its jurisdiction. Article 29 Everyone has the right to freedom of conscience and thought and to profess or not profess a religion. No one shall be the object of coercive measures which diminish these rights or be compelled to declare his/her creed, ideology or beliefs. Article 30 Nicaraguans have the right to freely express their convictions in public or in private, individually or collectively, in oral, written or any other form. Article 33 No one may be arbitrarily detained or imprisoned or be deprived of liberty except in cases determined by law and in accordance with legal procedures. Therefore; An arrest may be made only on the basis of a warrant issued by a competent judge or by authorities specifically empowered by law, with the exception of an individual caught in the act of committing a crime (flagrante delicto). Any arrested person has the right; To be informed without delay in an idiom or language understandable to him and in detailed manner of the causes of his/her arrest and of the charges brought against him; to be informed of his/her arrest by the police and the same to be notified to his/her family or anyone considered appropriate; and also that he/she be treated with the respect due to the dignity inherent to him; To be released or brought before a competent authority within a 48 hour period subsequent to the arrest; Once a penalty has been served, no one should be held further after an order of release from prison by a competent authority; Any illegal detention causes civil and penal responsibility for the authority which orders or executes it; the competent organs shall strive to have those indicted and those sentenced imprisoned in different centres. Article 34 Any accused has the right, under equal conditions, to a fair trial and effective judicial protection, which includes the following minimal guarantees; To enjoy the presumption of innocence as long as guilt is not proven according to law. To be tried without delay by a competent court established by law. No one is exempt from the ordinary criminal jurisdiction. Nobody may be removed from the jurisdiction of the competent court nor be made to appear before a special court. To be subjected to the verdict of juries in cases determined by law. The right to appeal is established. To have one’s participation and defence guaranteed from the very initiation of the legal process and to have the time and means adequate to one’s defence. To be granted a court appointed counsel when in the initial instance it has not been provided or when there has not been a prior warrant. The accused shall have the right to communicate freely and privately with one’s counsel. To be assisted free of charge by an interpreter if he/she does not understand or speak the language used by the court. Not to be obliged to testify against oneself or against a spouse or a partner in a stable de facto union or a family member within the fourth level of consanguinity or the second level of marital relations, or to confess guilt. To be sentenced by motivated and reasoned decision based on the law within the statutory period at each stage of the application, trial or process which take place, without exception, in accordance with the law. To appeal to a higher court so that one’s case may be reviewed should the accused be sentenced for any crime or contravention. Not to be tried again for the crime for which the accused was sentenced or acquitted by a final judgment. Not to be tried or sentenced for an act or omission which, at the time of committing it, had not been specified expressly or unequivocally in the law as a punishable offence, nor to be sanctioned with a penalty not provided by law. Dictating criminal laws which only apply to specific individuals or applying demeaning penalties or treatment to the accused is prohibited. The judicial process must be oral and public. Access by the press and the public in general may be restricted for moral and public order reasons. The victim shall take part in judicial proceedings from their beginning and at every step. The State shall protect crime victims and make sure that the damage suffered is compensated. The victims have a right to the protection of their safety, physical and psychological well-being, dignity and private life in conformity with the law. Article 35 Minors cannot be subject to or [be] the object of judgment, nor can they be submitted to any legal proceeding. Transgressor minors cannot be taken to penal rehabilitation centres and they shall be attended to in centres under the responsibility of a specialized institution. A law shall regulate this matter. Article 36 All persons shall have the right to have their physical, psychological and moral integrity respected. No one shall be subjected to torture, procedures, punishments, or inhumane, cruel or degrading treatment. Violation of this right constitutes a crime and shall be punished by law. Article 39 In Nicaragua, the Penitentiary System is humanitarian, and has as a fundamental objective the transformation of the interned in order to reintegrate him or her into society. With the progressive system it promotes family unity, health, educational and cultural advancement and productive occupation with financial compensation for the interned. Sentences have a re-educational character. Convicted women shall serve in prison in different penal centres than men, and guards of the same sex shall be provided. Article 40 No one shall be subjected to servitude. Slavery and slave trade in any form are prohibited. Article 42 Nicaragua recognizes and guarantees the right of refuge and of asylum. Refuge and asylum are to be granted only to those who are persecuted in their struggle for democracy, peace, justice, and human rights. The law shall determine the status of an asylum seeker or political refugee in accordance with international agreements ratified by Nicaragua. In case the expulsion of the asylum is decided he/she may never be returned to the country where he/she had been persecuted. Article 44 The right of private ownership of movable and immovable property and of the instruments and means of production is guaranteed. By virtue of the social function of property, for reason of public utility or social interest, this right is subject to the limits and obligations imposed by the laws regarding its exercise. Immovable property mentioned in the first paragraph may be the subject of expropriation in accordance with the law following the cash payment of fair compensation. As regards the expropriation of uncultivated large landed estates in the interest of land reform, the law shall determine the form, computation, instalment of payments and interests recognized as indemnification. The confiscation of property is prohibited. Those officials who violate this provision shall respond with their property at all times for any damages they may have caused. Article 46 All persons in the national territory shall enjoy State protection and recognition of the rights inherent to the human person, as well as unrestricted respect, promotion and protection of those human rights, and the full applicability of the rights set forth in the Universal Declaration of Human Rights; in the American Declaration of the Rights and Duties of Man; in the International Pact of Economic, Social and Cultural Rights; in the International Pact of Civil and Political Rights of the United Nations; and in the American Convention of Human Rights of the Organization of American States. Article 48 Unconditional equality of all Nicaraguans in the enjoyment of their political rights, in the exercise of these rights, and in the fulfilment of their duties and responsibilities, is established; there exists absolute equality between men and women. It is the obligation of the State to remove obstacles that impede the actual equality among Nicaraguans and their effective participation in the political, economic and social life of the country. Article 49 In Nicaragua workers in the cities and countryside, women, youth, agricultural producers, artisans, professionals, technicians, intellectuals, artists, religious persons, the Communities of the Atlantic Coast and the population in general have the right to form organizations with the goal of realizing their aspirations according to their own interests, without discrimination, and to participate in the construction of a new society. Article 53 The right to peaceful gathering is recognized; the exercise of this right does not require prior permission. Article 54 The right to public assembly, demonstration and mobilization in conformity with the law is recognized. Article 55 Nicaraguan citizens have the right to establish or join political parties with the objective of participating in the exercise of or the contest for political power. Article 56 The State shall give special attention in all its programs to the disabled and to the relatives of those killed or victimized by war in general. Article 58 Nicaraguans have the right to education and culture. Article 59 Every Nicaraguan has an equal right to health. The State shall establish the basic conditions for its promotion, protection, recuperation and rehabilitation. The organization and direction of health programs, services and actions and the promotion of popular participation in support of it corresponds to the State. Citizens are obligated to respect determined sanitary measures. Article 60 The State of Nicaragua adopts and makes its own in this Political Constitution the integral text of the Universal Declaration on the Common Good of the Earth and of Humanity. Article 61 The State guarantees Nicaraguans the right to social security for their integral protection against the social contingencies of life and work in the manner and conditions determined by law. Article 62 The State shall strive to establish programs benefiting the handicapped people, for their physical, psychosocial and professional rehabilitation, and for their job placement. Article 64 Nicaraguans have the right to decent, comfortable and safe housing that guarantees familial privacy. The State shall promote the fulfilment of this right. Article 65 Nicaraguans have the right to sports, physical education, recreation and relaxation. Article 66 Nicaraguans have the right to truthful information. This right comprises the freedom to seek, receive and disseminate information and ideas, be they spoken or written, in graphic or by any other chosen procedure. Article 68 The public, corporate, or private mass communications media may not be subjected to prior censorship. Article 69 All persons, either individually or in a group, have the right to manifest their religious beliefs in public or private, through worship, practices and teachings. No one may evade obedience to the law or impede others from exercising their rights and fulfilling their duties by invoking religious beliefs or dispositions. Article 70 The family is the fundamental nucleus of society and has the right to protection by the latter and the State. The individual, the family, and the community are the major elements of the human development plan of the Nation. Article 71 Nicaraguans have the right to establish families. Family inheritance, which is not subject to seizure and exempt from all public levies, is guaranteed. The law shall regulate and protect those rights. Childhood enjoys special protection and all the rights that this status may require; for that reason, the International Convention on Rights of Children is fully applicable in Nicaragua. Article 72 Marriage and stable de facto unions are protected by the State; they rest on the voluntary agreement between a man and a woman and may be dissolved by mutual consent or by the shall of one of the parties. The law shall regulate this matter. Article 73 Family relations rest on the respect, solidarity and absolute equality of rights and responsibilities between the man and woman. Parents must attend to the maintenance of the home and the integral development of children through joint efforts, with equal rights and responsibilities. Children are, as well, obligated to respect and assist their parents. These duties and rights shall be fulfilled in accordance with the legislation on this matter. Article 74 The State grants special protection to the process of human reproduction. Women shall have special protection during pregnancy and shall be granted maternity leave with pay and all appropriate social security benefits. No one may deny employment to women for reasons of pregnancy nor dismiss them during pregnancy or the post-natal period; all in conformity with the law. Article 75 All children have equal rights. There shall be no discriminatory designations due to matters of filiation. In ordinary legislation, no dispositions or classifications that reduce or deny equality among children have any value. Article 76 The State shall create programs and develop special centres for the care of minors; minors have the right to measures of prevention, protection and education from their family, society and the State, as required by their condition. Article 77 The elderly have the right to protective measures from their family, society and the State. Article 78 The State protects responsible paternity and maternity. The right to investigate paternity and maternity is established. Article 79 The right to adoption for the exclusive interest of the integral development of the minor is established. The law shall regulate this matter. Article 80 Work is a right and a social responsibility. The labour of Nicaraguans is the fundamental means to satisfy the needs of society and of persons and is the source of the wealth and prosperity of the nation. The State shall strive for full and productive employment of all Nicaraguans under conditions that guarantee the fundamental rights of the person. Article 81 Workers have the right to participate in the management of their enterprises, through their organizations and in conformity with the law. Article 82 Workers have the right to working conditions that specifically ensure them; Equal pay for equal work under identical conditions, suitable to their social responsibility, without discrimination for political, religious, racial, gender or any other reasons, which ensure a well-being compatible with human dignity; Being paid in legal tender currency in their work place; The exemption from seizure of the minimum wage and social benefits, except for the protection of their family and in the terms established by law; Work conditions that guarantee physical integrity, health, hygiene and the reduction of professional hazards to make effective the worker’s occupational security; An eight-hour work day, weekly rest, vacations, remuneration for national holidays and a thirteenth month salary, in conformity with the law; Work stability in conformity with the law and equal opportunity to be promoted, limited only by the factors of time, service, capacity, efficiency and responsibility; Social security for integral protection and means of subsistence in cases of incapacitation, old age, professional risks, illness or maternity; and for their relatives in cases of death, in the form and under conditions established by law. Article 83 The right to strike is recognized. Article 84 Child labour in tasks that can affect their normal development or their obligatory instruction cycle is prohibited. Children and adolescents shall be protected against any form of economic and social exploitation. Article 87 Full labour union freedom exists in Nicaragua. Workers shall organize themselves voluntarily in unions, which shall be constituted in conformity with that established by the law. No worker is obliged to belong to a particular union or to resign from the one to which he/she belongs. The full autonomy of organized labour is recognized and the traditional rights (fuero) of the unions are respected. Article 88 In defence of their individual or organizational interests, workers are guaranteed the inalienable right to negotiate the following with their employers; Individual contracts; Collective bargaining agreements. Articles 89 – 90 Protects the rights of communities of the Atlantic Coast. The communities of the Atlantic Coast are indivisible parts of the Nicaraguan people, and as such they enjoy the same rights and have the same obligations. The communities of the Atlantic Coast have the right to preserve and develop their cultural identities within the national unity, to provide themselves with their own forms of social organization, and to administer their local affairs according to their traditions. The State recognizes communal forms of land ownership of the communities of the Atlantic Coast. Equally it recognizes their enjoyment, use and benefit of the waters and forests of their communal lands. The communities of the Atlantic Coast have the right to the free expression and preservation of their languages, art and culture. The development of their culture and their values enrich the national culture. The State shall create special programs to enhance the exercise of these rights. Article 91 The State has the obligation to enact laws intended to promote actions to ensure that no Nicaraguan shall be the object of discrimination for reasons of language, culture or origin. Articles 92- 97 determine the rights and requirements of the Army and national Police. Including; In no case may civilians be tried by military tribunals; Members of the Army of Nicaragua and of the National Police may not engage in political or partisan activities nor hold any position in political organizations. Neither may they run for public positions of popular election unless they have resigned from active duty in the armed forces or the police at least one year prior to the elections in which they intend to participate; There shall be no compulsory military service, and any form of forced recruitment to be part of the Army of Nicaragua and the National Police is prohibited; The organs of the Army and the police and any other State institutions are prohibited from engaging in activities of political espionage; The Army of Nicaragua shall be run in strict adherence to the Political Constitution, to which it shall pay respect and defer; The National Police is an armed body of civilian nature whose competence covers all police activity. It is organized on a preventive, proactive and communitarian model with substantial participation by inhabitants, the family, and the community. Its mission is to guarantee the internal order, the safety of the citizens and of their goods, and the prevention, prosecution and investigation of crimes and other offenses specified by the law. The National Police is professional, apolitical, nonpartisan, hierarchical, and non-deliberative. The National Police shall be run in strict adherence to the Political Constitution to which it shall pay respect and defer. Article 105 Covers provision of health, education, public services, social security and all economic activity. It includes; The services of education, health, and social security are non-transferable duties of the State, which is obligated to provide them without exclusions, to improve and broaden them;  Free health care is guaranteed for the vulnerable sectors of the population, giving priority to the completion of programs benefiting mothers and children. Specific family and community health programs shall be developed. State public health and education services shall have to be expanded and reinforced. The right to establish private health and education services is guaranteed. Article 116 Education has as its objective the full and integral development of Nicaraguans; to provide them with a critical, scientific and humanist consciousness; to develop their personality and their sense of dignity and to prepare them to assume the tasks of common interest demanded for the progress of the nation. Therefore, education is a fundamental factor for the transformation and development of the individual and of society. Article 117 Education is one single, democratic, creative and participatory process, which links theory with practice, manual with intellectual labour, and promotes scientific research. It is based on our national values, in the knowledge of our history, reality, national and universal culture and in the constant development of science and technology; it cultivates the values of the new Nicaraguan in accordance with the principles established in this Constitution, the study of which must be promoted. Article 118 The State promotes the participation of the family, the community and the people in education and guarantees the support of the means of social communication for this purpose. Article 119 Education is a fundamental duty of the State. Planning, direction and organization of education correspond to the State. The national educational system functions in an integrated fashion and in accordance with national plans. Its organization and functioning are determined by law. It is the duty of the State to train and prepare the necessary technical and professional personnel at all levels and specializations for the development and transformation of the country. Article 120 The creative application of educational plans and policies is a fundamental role of the national teaching profession. Teachers have the right to standards of living and work corresponding to their dignity and the important social function that they carry out; they shall be promoted and encouraged in their work in accordance with the law. Article 121 The access to education is free and equal for all Nicaraguans. Primary education is free of charge and mandatory at the centres of the State. The secondary education is free of charge at the centres of the State without prejudice to any voluntary contributions which parents of the family may make. No one may be excluded in any form from a State centre for economic reasons. The indigenous peoples and ethnic communities of the Atlantic Coast have the right in their region to intercultural education in their native language, in accordance with the law. Article 122 Adults shall enjoy opportunities to be educated and to develop skills through education and training programs. The State shall continue its educational programs to eliminate illiteracy. Article 123 Private centres dedicated to teaching may function at all levels, subject to the precepts established in this Constitution. Article 124 Education in Nicaragua is secular. The State recognizes the right of private education centres with a religious orientation to teach religion as an extracurricular subject. Article 125 The universities and superior technical education centres enjoy academic, financial, organic, and administrative autonomy, in accordance with the law. Academic freedom is guaranteed. The State promotes and protects the free creation, research, and diffusion of the sciences, technology, the arts and letters, and guarantees and protects intellectual property. Article 126 It is the duty of the State to promote the recovery, development and strengthening of national culture, sustained by the creative participation of the people. The State shall support national culture in all its expressions, whether collective or from individual creators. Article 127 Artistic and cultural creation is free and unrestricted. Cultural workers have full freedom to choose forms and styles of expression. The State shall strive to provide them with the means necessary to create and divulge their works, and to protect their rights of authorship. Article 128 The State protects the archaeological, historical, linguistic, cultural and artistic patrimony of the nation. Article 180 The communities of the Caribbean Coast Caribbean Coast have the inalienable right to live and develop themselves under the forms of political-administrative, social and cultural organization that correspond to their historic and cultural traditions. The State guarantees these communities the benefits of their natural resources, the effectiveness of their forms of communal property and the free election of their authorities and representatives. Furthermore, it guarantees the preservation of their cultures and languages, religions and customs. Article 181 The State shall organize by means of a law the regime of autonomy for the indigenous peoples and ethnic communities of the Atlantic Coast, which shall have to contain, among other rules: the functions of their government organs, their relation with the Executive and Legislative Power and with the municipalities, and the exercise of their rights.

 

NB Notes on Human Rights Abuses  Human Rights Watch 2020 – Nicaragua

Since taking office in 2007, the government of Nicaraguan President Daniel Ortega has dismantled nearly all institutional checks on presidential power. Stacked with his supporters, the Electoral Council has barred opposition political parties and removed opposition lawmakers. The Supreme Court of Justice has upheld Electoral Council decisions undermining political rights and allowing Ortega to circumvent a constitutional prohibition on re-election and run for a second term.
Ortega’s Sandinista Party secured a 79 percent majority in Congress in 2016, enabling it to fast-track institutional reforms that gave the president direct personal control over the police and army, allowed him to legislate by decree, and run for re-election indefinitely.
A brutal crackdown by National Police, the sole government law enforcement body in Nicaragua, and armed pro-government groups in 2018 left 300 dead, over 2,000 injured, and hundreds arbitrarily arrested and prosecuted. Since dissipation of the protests, the Ortega government has brought hundreds of criminal cases against protesters and critics, but as of September had only opened four investigations into allegations of misconduct by the National Police.
Other persistent problems in Nicaragua include severe restrictions on freedom of expression and association, political discrimination against state workers who support the opposition and failure of the State to uphold protections in the Constitution.

Global Abortions Policies Database - Nicaragua 2019

 

Abortion in Nicaragua is completely illegal. Prior to a change in the law, which took effect on 18 November 2006, the law allowed pregnancies to be terminated for "therapeutic" reasons, but this clause is no longer in effect. Amnesty International have highlighted that the criminalisation of abortion contravenes Nicaragua’s obligations under Human Rights Laws. Nicaragua has prohibited abortion in all circumstances, even if a pregnancy is life-threatening or the result of rape or incest. Women and girls who have abortions face prison terms as long as two years. Medical professionals who perform abortions face sentences of one to six years. The abortion ban forces women and girls facing unwanted pregnancies to have clandestine abortions, risking their health and lives.

Article 79 The right to adoption for the exclusive interest of the integral development of the minor is established. The law shall regulate this matter. Nicaragua is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.  Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 CFR, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act. Nicaraguan law does not allow for a Nicaraguan child to travel to be adopted. Therefore, prospective adoptive parent(s) must obtain a full and final adoption under Nicaraguan law before the child can emigrate.

Aging and the Protection of Human Rights current situation and outlook 2011

 

There is very little research which has taken place into the rights of those aged over 60 In Nicaragua.  The Brasilia Declaration (ECLAC, 2008), adopted in 2007 by the Second Regional Intergovernmental

Conference on Aging in Latin American and the Caribbean, and ratified in ECLAC resolution

644(XXXII) of 2008, called upon participating Governments to work towards the adoption of an international convention regarding the rights of the older persons (Article 24), as well as to the establishment of the mandate of a Human Rights Council Special Rapporteur responsible for the promotion and the protection of the rights of older persons (Article 25). In addition Article 77 of the constitution states that the elderly have the right to protective measures from their family, society and the State.

The Age of Consent in Nicaragua is 18 years old and was made equal for homosexual activity in 2007. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 17 or younger in Nicaragua are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law. Nicaragua statutory rape law is violated when an individual has consensual sexual intercourse with a person under age 18. However, the law is not clear about teens aged 16 and 17.  Nicaragua does not have a close-in-age exemption. Close in age exemptions, put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent. Because there is no close-in-age exemption in Nicaragua, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare

 

There was no data provided to the United Nations Report on Albinism 2019 and this is reflective of the lack of awareness and data.

UNHCR Report - displacement in Central America - Nicaragua 2019

Article 5 Nicaragua guarantees the right of asylum to persons persecuted for political reasons and rejects any subordination of one State to another. Article 42 Nicaragua recognizes and guarantees the right of refuge and of asylum. Refuge and asylum are to be granted only to those who are persecuted in their struggle for democracy, peace, justice, and human rights. The law shall determine the status of an asylum seeker or political refugee in accordance with international agreements ratified by Nicaragua. In case the expulsion of the asylum is decided he/she may never be returned to the country where he/she had been persecuted.

 

Political turmoil in Nicaragua since April 2018 has led tens of thousands of people to flee violence and human rights violations, the majority into neighbouring Costa Rica. Two years into the crisis, more than 110,000 Nicaraguans have left their country in search of a safe haven. Overall, more than 830,000 people from the NCA and Nicaragua have been uprooted from their homes. 

Men having sex with men are not allowed to donate blood.

Article 35 Minors cannot be subject to or [be] the object of judgment, nor can they be submitted to any legal proceeding. Transgressor minors cannot be taken to penal rehabilitation centres and they shall be attended to in centres under the responsibility of a specialized institution Article 71 Childhood enjoys special protection and all the rights that this status may require; for that reason, the International Convention on Rights of Children is fully applicable in Nicaragua. Article 75 All children have equal rights. There shall be no discriminatory designations due to matters of filiation. In ordinary legislation, no dispositions or classifications that reduce or deny equality among children have any value. Article 76 The State shall create programs and develop special centres for the care of minors; minors have the right to measures of prevention, protection and education from their family, society and the State, as required by their condition. Article 84 Child labour in tasks that can affect their normal development or their obligatory instruction cycle is prohibited. Children and adolescents shall be protected against any form of economic and social exploitation.

Poverty

In Nicaragua, nearly one out of every two persons lives below the poverty line.  Children are the first to suffer, all the more so since financial aid for families is very limited. Disparities are perceptible throughout the country which prevent all children from having the same opportunity to access fundamental services like education, healthcare or housing.

Health

The national statistics concerning children’s health are encouraging and reveal real material progress. However, certain negative indicators, like the infant mortality rate, remain very high, notably as they pertain to lack of structure and inadequate personnel. The number of adolescent mothers who die while giving birth remains high and young women are prevented by the law from getting an abortion which is compounded when abortion is denied in law to  even those whose pregnancies threaten their lives of those forced to give birth to children who are the result of rape or incest.

AIDS

The negative effects of AIDS on children’s lives are incontestable, not simply in terms of their health, but also with regard to such issues as discrimination and orphaned children.

Child labour

Recent studies estimate that almost 15% of children are required to work to assist in alleviating the financial difficulties faced by their families. Work is often degrading with children also becoming the victims of child trafficking or sexual exploitation.

Child abuse

In Nicaragua, children are subjected to various forms of violence.  Many are the victims of physical abuse at the hands of their families.

Child marriage

More than 35% of young girls are married while they are still minors. The minimum age for getting married is 14 for girls and 15 for boys, with parental consent. Girls who marry this early in life have only limited social interaction because they have ceased to attend school.  Moreover, they run the risk of premature pregnancy which can prove hazardous to both their own health and the health of the child.

Education

In Nicaragua, the number of children who do not attend school has been on the decline, due to the abolition of school tuition; nevertheless, the dropout rate remains high (around half of all adolescents do not attend school).

Children of minorities

Many children of indigenous or African descent are the victims of discrimination which directly impedes their ability to exercise their most fundamental rights or even their identity as parents do not always report their birth to the proper authorities. Children are impacted by the failure of Nicaragua to properly respect and protect the rights of its indigenous and minority citizens.  

Foreign same sex marriages are recognised only. Article 72 of the constitution states that marriage is between a man and a woman.

This is not banned in Nicaragua

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition. Thus, on these grounds, protection from discrimination. According to Article 36(5) of the Penal Code, an aggravating circumstance exists when a person is motivated by discrimination based on sexual orientation while committing a criminal offense.

MoveAbility Report  - 2019 Nicaragua

 

Article 56 The State shall give special attention in all its programs to the disabled and to the relatives of those killed or victimized by war in general. Nicaragua ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007. In 2016, the MOH reinforced the Todos Con Voz program, which entails, among others, visiting persons with disabilities to monitor their health and update the national statistics.

 

However, the degradation of the socio-political context and the associated climate of violence in society have slowed the implementation of disability support in Nicaragua.

Global Database on Violence against women - Nicaragua

 

Articles 34, 36 and 40 All persons shall have the right to have their physical, psychological and moral integrity respected. No one shall be subjected to torture, procedures, punishments, or inhumane, cruel or degrading treatment. Violation of this right constitutes a crime and shall be punished by law. No one shall be subjected to servitude. Slavery and slave trade in any form are prohibited. The Comprehensive Act against Violence towards Women (Act No. 779) and the reform of the Criminal Code (Act No. 641) were adopted and entered into force in 2012, classifying for the first time femicide and other forms of violence against women as an offence. This same Act created the national inter-institutional commission to combat violence against women, children and adolescents, composed of 17 state institutions, with departmental and municipal branches. At executive level, the Inter-institutional Commission on Gender was established and the planning system for the national general budget was put into operation with a gender perspective.

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition. There is no direct reference to intersectional provision.

Atlas of Substance Abuse Disorders – Nicaragua 2006

Cannabis users made 2.2 %, followed by 1% cocaine users, 0.5% Crack users and 0.5% for opioids users.

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition. Thus, on these grounds, protection from discrimination.

Article 19 of the Zambian constitution specifically mentions belief as a protected characteristic and therefore on these grounds protected from discrimination.

Global Partnership Report - Education in Nicaragua 2020

Article 116 Education has as its objective the full and integral development of Nicaraguans; to provide them with a critical, scientific and humanist consciousness; to develop their personality and their sense of dignity and to prepare them to assume the tasks of common interest demanded for the progress of the nation. Therefore, education is a fundamental factor for the transformation and development of the individual and of society. Article 117 Education is one single, democratic, creative and participatory process, which links theory with practice, manual with intellectual labour, and promotes scientific research. It is based on our national values, in the knowledge of our history, reality, national and universal culture and in the constant development of science and technology; it cultivates the values of the new Nicaraguan in accordance with the principles established in this Constitution, the study of which must be promoted. Article 118 The State promotes the participation of the family, the community and the people in education and guarantees the support of the means of social communication for this purpose. Article 119 Education is a fundamental duty of the State. Planning, direction and organization of education correspond to the State. The national educational system functions in an integrated fashion and in accordance with national plans. Its organization and functioning are determined by law. It is the duty of the State to train and prepare the necessary technical and professional personnel at all levels and specializations for the development and transformation of the country. Article 120 The creative application of educational plans and policies is a fundamental role of the national teaching profession. Teachers have the right to standards of living and work corresponding to their dignity and the important social function that they carry out; they shall be promoted and encouraged in their work in accordance with the law. Article 121 The access to education is free and equal for all Nicaraguans. Primary education is free of charge and mandatory at the centres of the State. The secondary education is free of charge at the centres of the State without prejudice to any voluntary contributions which parents of the family may make. No one may be excluded in any form from a State centre for economic reasons. The indigenous peoples and ethnic communities of the Atlantic Coast have the right in their region to intercultural education in their native language, in accordance with the law. Article 122 Adults shall enjoy opportunities to be educated and to develop skills through education and training programs. The State shall continue its educational programs to eliminate illiteracy. Article 123 Private centres dedicated to teaching may function at all levels, subject to the precepts established in this Constitution. Article 124 Education in Nicaragua is secular. The State recognizes the right of private education centres with a religious orientation to teach religion as an extracurricular subject. Article 125 The universities and superior technical education centres enjoy academic, financial, organic, and administrative autonomy, in accordance with the law. Academic freedom is guaranteed. The State promotes and protects the free creation, research, and diffusion of the sciences, technology, the arts and letters, and guarantees and protects intellectual property

 

Despite significant progress, such as the reduction to 5% of the adult population’s illiteracy rate and the increase of net primary enrolment rates, Nicaragua faces various challenges in the education sector. These include a high number of out-of-school children, especially in rural areas, low levels of student learning outcomes in regional assessments (which are linked to poor preparation of primary school teachers and insufficient learning materials), and low quality of preschool education, particularly among disadvantaged rural households. Adequate baseline data and solid statistics continue to be a problem imposing difficulties in planning as well as in monitoring the sector.

Nicaragua’s strategic education plan includes interventions focused on expanding access to preschool education, universal completion of six grades of primary education, and universal access to lower secondary education (grades 7-9). Institutional strengthening is another transversal priority of the education plan.

 

Article 80 Work is a right and a social responsibility. The labour of Nicaraguans is the fundamental means to satisfy the needs of society and of persons and is the source of the wealth and prosperity of the nation. The State shall strive for full and productive employment of all Nicaraguans under conditions that guarantee the fundamental rights of the person. Article 81 Workers have the right to participate in the management of their enterprises, through their organizations and in conformity with the law. Article 82 Workers have the right to working conditions that specifically ensure them; Equal pay for equal work under identical conditions, suitable to their social responsibility, without discrimination for political, religious, racial, gender or any other reasons, which ensure a well-being compatible with human dignity; Being paid in legal tender currency in their work place; The exemption from seizure of the minimum wage and social benefits, except for the protection of their family and in the terms established by law; Work conditions that guarantee physical integrity, health, hygiene and the reduction of professional hazards to make effective the worker’s occupational security; An eight-hour work day, weekly rest, vacations, remuneration for national holidays and a thirteenth month salary, in conformity with the law; Work stability in conformity with the law and equal opportunity to be promoted, limited only by the factors of time, service, capacity, efficiency and responsibility; Social security for integral protection and means of subsistence in cases of incapacitation, old age, professional risks, illness or maternity; and for their relatives in cases of death, in the form and under conditions established by law. Article 83 The right to strike is recognized.

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition and thus, on these grounds, protection from discrimination.

US State report on International religious freedoms 2018

 

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition.  Article 29 Everyone has the right to freedom of conscience and thought and to profess or not profess a religion. No one shall be the object of coercive measures which diminish these rights or be compelled to declare his/her creed, ideology or beliefs. Article 30 Nicaraguans have the right to freely express their convictions in public or in private, individually or collectively, in oral, written or any other form. Article 124 Education in Nicaragua is secular. The State recognizes the right of private education centres with a religious orientation to teach religion as an extracurricular subject.

 

The IACHR reported several “aggressions and acts of harassment committed against members of the Catholic Church in Nicaragua” due to the Church’s role in the country’s socio-political crisis.  The IACHR stated members of the Catholic Church were victims of a government stigmatization campaign due to their efforts to protect the human rights and integrity of peaceful protesters, as part of their faith-based beliefs.  Amnesty International documented and reported “serious human rights violations committed or permitted” by the government, including attacks on bishops of the Catholic Church throughout the socio-political crisis.

 

Article 22 The female and male citizens and the family are the major elements in the decision-making, planning and administrative processes of the State. Everyone has duties to his/her family, the community, the homeland and humanity

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition. Article 82 Workers have the right to working conditions that specifically ensure them; Equal pay for equal work under identical conditions, suitable to their social responsibility, without discrimination for political, religious, racial, gender or any other reasons, which ensure a well-being compatible with human dignity. Nicaragua ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)on October 27, 1981.

 

 

When it came to global rankings regarding gender equality, the World Economic Forum ranked Nicaragua at number six in 2017. Nicaragua was amongst the many countries in Latin America and the Caribbean to ratify the Convention on the Elimination of All Forms of Discrimination against Women, which aimed to promote women's rights. The Human Development Report ranked Nicaragua 106 out of 160 countries in the Gender Inequality Index (GII) in 2017. It reflects gender-based inequalities in three dimensions-reproductive health, empowerment, and economic activity. Nicaragua has yet to achieve overall gender equality. Women in Nicaragua are more likely to face poverty than men and rates of violence against women still remains high.

The Nicaraguan Association of Transgender People (ANIT) published the first study about the context of transgender people that live in Managua, the capital of Nicaragua in 2017. The study brings together data about the conditions they face for work, health, housing, family relationships, sexual and reproductive health, violence, and human rights. The study is based on a survey of 202 transgender people, 21 of whom are transgender men. One key result of the study was a lack of understanding on the part of trans people about their human rights. The study revealed a lack of awareness about the types of violence and discrimination that they are exposed to daily, as well as a lack of interest on the part of health and educational institutions to respect the identity of transgender women and men.

 UNAids Report Nicaragua 2018

 

With only 0.2 percent of the adult population estimated to be HIV-positive, Nicaragua has one of the lowest HIV prevalence rates in Central America. HIV was first detected in Nicaragua in 1987, after concentrated epidemics had been reported in other Central American nations. The onset of the epidemic was likely delayed by Nicaragua’s 10-year civil war and the U.S.-led economic blockade, both of which left the country isolated for several years. Relative control over commercial sex work, low infection rates among injecting drug users, and a ban on the commercial sale of blood also slowed HIV transmission. However, the country is at risk of a broader epidemic because of social conditions such as multiple sex partners, gender inequality, and widespread poverty. Many people are unaware of their HIV status and could unwittingly spread the disease. UNAIDS estimates Nicaragua has 7,300 HIV-positive people, nearly half of whom were identified over the past three years.

Housing and Property ownership

 

Article 44 The right of private ownership of movable and immovable property and of the instruments and means of production is guaranteed. By virtue of the social function of property, for reason of public utility or social interest, this right is subject to the limits and obligations imposed by the laws regarding its exercise. Immovable property mentioned in the first paragraph may be the subject of expropriation in accordance with the law following the cash payment of fair compensation. As regards the expropriation of uncultivated large landed estates in the interest of land reform, the law shall determine the form, computation, instalment of payments and interests recognized as indemnification. The confiscation of property is prohibited. Those officials who violate this provision shall respond with their property at all times for any damages they may have caused.

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition.

Article 22 The female and male citizens and the family are the major elements in the decision-making, planning and administrative processes of the State. Everyone has duties to his/her family, the community, the homeland and humanity. In June 2014, the Nicaraguan Congress approved a revised family code that would limit marriage, partnerships and adoption to heterosexual couples. On 8 April 2015, the new Family Code went into effect.

Female employees are generally entitled to four weeks of maternity leave before the birth and eight weeks after. The Social Security Institute pays 60% of her salary and the employer pays the remaining 40%. The maternity protection provided by the Labour Code covers women workers in employment within both the public and private sectors. There are not qualifying conditions to be entitled to maternity leave

Nicaragua faces serious mental health needs. The country has a population of about six million inhabitants, but less than 25% of it has access to mental healthcare. A complex political history, coupled with repeated natural disasters, has slowed progress towards modern treatment for mental health conditions, such as community-based care, instead maintaining organisational and service structures centred in psychiatric hospitals. Another major obstacle to progress is the lack of psychiatrists and well-trained PHC professionals in the country.

Nicaragua has no conscription and any form of involuntary enlistment in either the Nicaraguan Army or the National Police is forbidden. Other armed forces in the national territory are not allowed.

 

 

Minority/ Indigenous Rights International Work Group for Indigenous Affairs Report Nicaragua 2020

 

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition. In addition, Nicaragua has extensive indigenous rights built into the constitution. Article 5 Liberty, justice, respect for the dignity of the human person, political and social pluralism, the recognition of the distinct identity of the indigenous peoples and those of African descent within the framework of a unitary and indivisible state. The State recognizes the existence of the indigenous peoples and those of African descent who enjoy the rights, duties and guarantees designated in the Constitution, and especially those which allow them to maintain and develop their identity and culture, to have their own forms of social organization and administer their local affairs, as well as to preserve the communal forms of land property and their exploitation, use, and enjoyment, all in accordance with the law. Article 181 The State shall organize by means of a law the regime of autonomy for the indigenous peoples and ethnic communities of the Atlantic Coast, which shall have to contain, among other rules: the functions of their government organs, their relation with the Executive and Legislative Power and with the municipalities, and the exercise of their rights. Articles 89 – 90 Protects the rights of communities of the Atlantic Coast. The communities of the Atlantic Coast are indivisible parts of the Nicaraguan people, and as such they enjoy the same rights and have the same obligations. The communities of the Atlantic Coast have the right to preserve and develop their cultural identities within the national unity, to provide themselves with their own forms of social organization, and to administer their local affairs according to their traditions.

There are seven indigenous peoples of Nicaragua. Nicaragua has adopted the UN Declaration on the Rights of Indigenous Peoples and ratified ILO Convention 169 in 2010. Yet, its indigenous communities are facing a great number of challenges, especially in terms of construction through communal lands affecting their livelihoods, and in terms of the state failing to comply with its legal obligation to honour the title of the lands in favour of the indigenous communities. A major concern for the indigenous peoples of Nicaragua is that the government is pushing ahead the construction and promotion of the Grand Interoceanic Canal through communal lands, which is affecting the livelihoods of the indigenous peoples to a high degree. Another challenge for Nicaragua’s indigenous peoples is the examples of the State of Nicaragua failing to comply with its legal obligation to honour the title issued by the State of Nicaragua itself in favour of the indigenous communities. This is the case for the communities of the Laguna de Perlas Basin, the community of Tilba Lupia, the Tasba Pri Territory, the Black Creole Indigenous Community of Bluefields, and the communities of the Rama and Kriol Territory. During 2017, the IACHR has reiterated its concern for defenders of rights to land and to natural resources, and for indigenous persons and afro descendants engaged in such defence work, who continue to face great risks of violence in Nicaragua.

Article 16 – 22 Cover the rights of nationality.

 

There were no reports of legal prosecutions of non-gender binary persons under the provisions of the law in the years to 2019.  There is no right to change legal gender.

There is no statutory Paternity Leave.

 Pensions Watch Nicaragua 2020

 

23.4% of older people over 65 receive a pensions which is contributory. There is no state social pension.

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition and on these grounds, protection from discrimination.

Human Rights watch report – Nicaragua – 2019

 

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition

 

However, according to the 2019 Human Rights watch report, the situation is grave.  After an in-country visit in May, the IACHR released a report concluding that Nicaraguan authorities had perpetrated widespread abuses in responding to anti-government protests that were not isolated actions by rogue agents. The IACHR then created a Special Monitoring Mechanism for Nicaragua (MESENI) to remain in country. The government refused to cooperate with MESENI and restricted its operations, including by barring its staff from inspecting detention sites.

 

Shortly after, the Organization of American States (OAS), the IACHR, and the Nicaraguan government agreed to create an Interdisciplinary Group of Independent Experts (GIEI) that would support the Attorney General Office’s investigations into human rights abuses. The GIEI’s mandate expired in November; in its final press conference it announced judicial authorities had not cooperated in any way foreseen in the agreement. The GIEI also stated it received no information on any investigation or sentence against police officers or members of armed pro-government groups implicated in abuses. Lastly, the GIEI called for a special prosecutorial unit to be created in the Attorney General’s Office to investigate gross rights violations in the context of protests.

 

In August, the Supreme Court of Justice ordered MESENI and GIEI to seek authorization from the Foreign Affairs Ministry to enter trial hearings that the law requires to be public. Neither MESENI nor GIEI have been allowed in courthouses; they have repeatedly submitted the requests to the ministry, but these have gone unanswered.

 

On December 19, Foreign Affairs Minister Denis Moncada expelled the MESENI and GIEI teams, accusing them of having an “interventionist” attitude, a day before the GIEI was due to release a scathing report in Managua. The report, ultimately released in Washington DC, concluded that Nicaraguan authorities, including President Ortega and his police chiefs, should be investigated for the commission of crimes against humanity.

 

The OAS Permanent Council held several meetings to address the crisis. In August, it created a Working Group on Nicaragua made up of 12 OAS member countries to search “for peaceful and sustainable solutions.” In September, at the behest of the Working Group, the council adopted a resolution calling on its members and permanent observers to take all “appropriate diplomatic measures to support the reinstatement of the rule of law and human rights in Nicaragua.” Only four countries—Venezuela, Bolivia, Saint Vincent, and Nicaragua—voted against it.

 

The government allowed the OHCHR into the country in June, after months of refusing its requests for an invitation. Authorities consistently obstructed its work, and in August, two days after the OHCHR released a searing report, the Nicaraguan government expelled its representatives.

 

In September, the UN Security Council held a public meeting on Nicaragua. Two-thirds of its members underscored their concern for ongoing human rights violations, the refugees they have generated, and the expulsion of the OHCHR team. Days later, UN High Commissioner for Human Rights Michelle Bachelet called on the UN Human Rights Council (HRC) to “strengthen its oversight” on Nicaragua and to “take all available measures to address the serious human rights violations which have been documented in recent reports.”

 

During the September HRC sessions, Argentina, on behalf of a group of 47 countries, delivered a joint statement demanding an immediate halt to extrajudicial executions, forced disappearances, judicial harassment of activists, and arbitrary arrests. Numerous other states, including Australia, Costa Rica and Iceland, raised similar concerns during their statements in their individual capacity.

 

Between June and July, the US State Department revoked visas for some Nicaraguan officials allegedly responsible for abuses and “undermining democracy.” The US Treasury Department sanctioned Francisco Díaz, then deputy chief of police and an official from the mayor’s office in Managua under the 2012 Magnitsky Act, “for being responsible for, or the leaders of, entities involved in serious human rights abuse.” In November, US President Donald Trump issued Executive Order 13851, leading to Treasury sanctions on Vice-President Rosario Murillo and top presidential aide Nestor Moncada Lau, freezing their assets and imposing a travel ban on both.

 

The Nicaragua Human Rights and Anticorruption Act, bipartisan legislation that came into force in December, grants the Treasury Department the power to sanction any “current or former official of the Government of Nicaragua or any person acting on behalf of that Government” who the US president determines has perpetrated or has responsibility for “ordering or otherwise directing, significant acts of violence or human rights violations” in the context of the crackdown that began in April 2018. The act also targets persons involved in significant corruption or responsible for undermining democracy.

 

In July, the Netherlands suspended an €18.4 million project (US$21,200) in the health sector due to “grave human right violations committed by government officials and parapolice groups.” Shortly after, Luxembourg froze aid disbursements, underlining its “deep concern for the deterioration of the situation” and calling for accountability.

Maternity data has been hard to compile due to the 1990–2016 l “crises” due to natural disasters and conflict (as defined by the International statistical classification of diseases and related health problems [ICD] and because of the potential for substantial increases in death rates during the crisis-affected years, a phenomenon described as “mortality shocks. Nicaragua has reduced maternal mortality, but the rate remains high, at 150 deaths per 100,000 live births.

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition and on these grounds, protection from discrimination.

Article 5 Nicaragua guarantees the right of asylum to persons persecuted for political reasons and rejects any subordination of one State to another. Article 42 Nicaragua recognizes and guarantees the right of refuge and of asylum. Refuge and asylum are to be granted only to those who are persecuted in their struggle for democracy, peace, justice, and human rights. The law shall determine the status of an asylum seeker or political refugee in accordance with international agreements ratified by Nicaragua. In case the expulsion of the asylum is decided he/she may never be returned to the country where he/she had been persecuted.

 

Political turmoil in Nicaragua since April 2018 has led tens of thousands of people to flee violence and human rights violations, the majority into neighbouring Costa Rica. Two years into the crisis, more than 110,000 Nicaraguans have left their country in search of a safe haven. Overall, more than 830,000 people from the NCA and Nicaragua have been uprooted from their homes. 

US State report on International religious freedoms 2018

 

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition.  Article 29 Everyone has the right to freedom of conscience and thought and to profess or not profess a religion. No one shall be the object of coercive measures which diminish these rights or be compelled to declare his/her creed, ideology or beliefs. Article 30 Nicaraguans have the right to freely express their convictions in public or in private, individually or collectively, in oral, written or any other form. Article 124 Education in Nicaragua is secular. The State recognizes the right of private education centres with a religious orientation to teach religion as an extracurricular subject.

 

The IACHR reported several “aggressions and acts of harassment committed against members of the Catholic Church in Nicaragua” due to the Church’s role in the country’s socio-political crisis.  The IACHR stated members of the Catholic Church were victims of a government stigmatization campaign due to their efforts to protect the human rights and integrity of peaceful protesters, as part of their faith-based beliefs.  Amnesty International documented and reported “serious human rights violations committed or permitted” by the government, including attacks on bishops of the Catholic Church throughout the socio-political crisis.

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition and on these grounds, protection from discrimination.

However sexual harassment is a widespread. Women frequently experience harassment in public locations and the workplace.

Since legalising homosexuality in 2008, Nicaragua has been active on the international level in supporting LGBT rights. In 2011, Nicaragua signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people. There are antidiscrimination laws in employment health and hate crime but none in education or for the provision of goods and services. Same-sex couples and households headed by same-sex couples are not eligible for the same legal benefits and protections available to opposite-sex married couples.

Article 27 All individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition and on these grounds, protection from discrimination

Trade Union Affiliation

 

 Article 83 The right to strike is recognized. Article 87 Full labour union freedom exists in Nicaragua. Workers shall organize themselves voluntarily in unions, which shall be constituted in conformity with that established by the law. No worker is obliged to belong to a particular union or to resign from the one to which he/she belongs. The full autonomy of organized labour is recognized and the traditional rights (fuero) of the unions are respected.