Women's Empowerment Through Legal Awareness

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This project is funded as part of IWDA's ANCP Programs for 2002-2003 and 2003-2004. Together with projects in other countries, this project will contribute towards the achievement of the program's major development objectives:

1. To develop women's skills as individuals and as members of community structures, and to empower women to participate as decision-makers in development activities at family, community, local and national levels.
2. To support development initiatives that respond to the needs of women and address community attitudes and social structures that discriminate against women.

Rationale

The Second National Conference on Gender and Development in Cambodia was held in Phnom Penh in September 2002, hosted by Gender and Development for Cambodia (GAD/C). This conference was attended by 250 delegates, including 50 women representing local women from all 24 provinces/municipalities of Cambodia. The conference focused on women's economic, social, legal and cultural rights and proposed a platform for action based on lobbying principles to the prime minister, Hun Sen, at the closing ceremony on the third day. 

The Women's Empowerment through Legal Awareness (WELA) project aims to extend the discussions and outcomes of the conference to women throughout the country, and thereby enhance the relevance and sustainability of the conference outcomes. The project will contribute to the dissemination of information from the conference and about women's legal rights in Cambodia generally and encourage and support the participation of rural women in the ongoing gender debate through piloting a network of local women's mutual support groups.

Women's legal literacy and awareness of rights is generally very low in Cambodia. Combined with this lack of awareness and understanding are rates of violence against women, which threaten women's personal security and the livelihood of their family. Violence against women is a barrier to their full and active participation in all spheres of the life of their community. Having knowledge of their rights under law increases women's confidence in taking complaints to local officials. Women's confidence is further strengthened, they have more protection, and their complaints of violence carry more weight when they have the support of other women.

Gender and Development for Cambodia (GAD/C) will cooperate with Banteay Srei to carry out this project. Banteay Srei has a long association with communities in Siem Reap and Battambang. Banteay Srei staff will be responsible for the facilitation of the mini-conferences and follow-up monitoring and assistance to the core groups in those two provinces. GAD/C will be responsible for project activities in the other three provinces – Kompong Speu, Kompong Chhnang and Prey Veng, where its GAD networks including GADnet and the Cambodian Men's Network are active.

Project Goal:

-          To contribute to the level of knowledge of and respect for women's legal rights in Cambodia.

Project Objectives:

-          To include rural women in a nationwide discussion of gender issues. Following on from the Second National Conference on Gender and Development in Cambodia;

-          To raise awareness among rural women in five provinces of their economic, social, legal and cultural rights according to existing Cambodian laws;

-          To pilot a model of women's mutual support groups working to raise awareness of women's rights and provide support to women experiencing violence and abuse.

Expected Outcomes:

-          Increased awareness in five provinces of Cambodia of women's legal rights.

-          Five mutual support groups formed and offering support and advice to women in their communes.

-          Commune-level plans of action devised and implemented.

-          Greater understanding among implementing partners of effective mechanisms for the establishment of local mutual support groups. 

Handbook on

Women's Empowerment Through Legal Awareness

Topic 1:  Births and Marriages

The Law on Marriage and the Family calls marriage "a solemn contract" between a man and a woman.  This contract involves five responsibilities which husband and wife have to each other and to the children:

• the duty to love, respect and take care of each other
• the duty to take care of and educate the children to become good citizens
• the responsibility of paying for family expenses, including educating the children
• the responsibility for paying debts and other obligations which they have agreed to
• the responsibility for maintaining jointly owned property.

1. What does the law say about marriage?

A man must be more than 20 and a woman more than 18.  If the young woman is pregnant and the parents or guardians agree, then the young couple may marry before those ages.  However, one party may not force the other party to marry against his/her will, nor can anyone prevent a marriage if it is in accordance with the law.

You must not marry any one who has the same ancestor as you, up to and including the third level (that means up to and including the same great-grand father or great-grand mother).

2. What does the law say about remarriage?

If a marriage ends because one partner dies, or there is a legal divorce or annulment, the man can remarry whenever he likes.  However, the woman cannot remarry for 300 days.  If she remarries before the end of 300 days and a baby is born, the new husband is considered to be the natural father of the child unless there is valid objection from her former husband.

            If someone remarries without first receiving an official divorce from the previous marriage, then the new marriage is not legal.

3. Why should we register our marriage?

The law says that a marriage is legitimate only when the couple register their marriage in the commune/sangkat where the bride lives.  If you do not register your marriage, your marriage may become void.  That means that your partner can leave you and your children and you have no legal rights to claim support, or your partner can take the child and you have no legal right to claim custody.  Please note, however, that when a marriage is declared void, property should be divided in the same way as for divorce.  Therefore there are very important reasons for registering your marriage.

            Ten days before the wedding ceremony, the commune/sangkat council should post a notice at the house of the bride and at the council office.  If anyone objects to the marriage, they can file a complaint within those ten days.  The council must decide within three days. If the complainant disagrees with the decision, the council has to send the issue to the court for a decision within seven days.

4. Why should we register the birth of our children?

The law says that all Cambodians have to have a birth certificate.  Your child will need this birth certificate at certain stages of his or her life:  to enrol at school, for major examinations, to apply for a job, to marry, to vote, etc.  Perhaps your child will someday need to apply for a passport to travel to another country. Because it is the parents' responsibility to love and educate the child, parents will also be concerned about providing opportunities for the child's future.  A valid birth certificate is proof of your child's identity and parentage.  Your child needs to have a birth certificate.

Some people do not register the birth of a child because they are afraid it will cost too much. According to the sub-decree which was issued on 24 June 2002, a birth certificate should cost 400 riel per page (and in the remote areas of the north and northeast, just 100 riel per page).  This price is the same as for a marriage certificate or a death certificate.

The birth certificate must be signed by the chief of the commune/sangkat.  For newborn babies, the mother or father takes the baby to the sala khum/sangkat within 30 days of the birth. There will be a form which the parent has to thumbprint.  In the case of grown children or adults who need to get a birth certificate, they will have to take two witnesses with them to the sala khum/sangkat.  One of these witnesses can be an older sibling and the other should be someone like a neighbour who knows the person well. 

5. What if I have a problem?  Who can help me?

If you have a serious problem like forced marriage or, if after marriage, you find that your husband is already legally married and has not divorced his former wife, you should go to the local authorities.  If you cannot do this, contact a human rights office somewhere near where you live and they will give you advice about what to do.

Topic 2:  Abortion 

The 1997 Law on Abortion defines abortion as "the termination of pregnancy by medical means or any means." (Article 2)  The law also says that only medical doctors, medical assistants or midwives who have been authorised by the Ministry of Health can perform abortions, and then only in places which have been authorised by the Ministry of Health.

In September 2002, the ministry issued the prakas that authorizes health centres and hospitals to perform terminations.       

1. When can I have an abortion?

If you are less than 12 weeks pregnant you may choose to have an abortion.  If you are more than 12 weeks pregnant, you can only have an abortion if your life is in danger because of your pregnancy, or if the baby will be born with an incurable disease.  If the pregnancy is the result of rape, you may request an abortion and if you are under 18 years of ago, your parents or guardians can make the request.

            The person who will perform the abortion must first counsel you about the danger of having an abortion and will also advise you about the importance of birth spacing practices.

2. Why should I obey the law?

An abortion is a serious, invasive medical operation.  Each year, many Cambodian women die or are seriously injured by bad abortions.  This law gives you a choice about whether to continue your pregnancy or not but more importantly it gives you protection.  An abortion by someone who is not qualified and in a place which is not authorized to perform abortions may kill you.

If you are someone who performs abortions illegally, you should know that you can go to prison for between one month and one year, and if the abortion causes illness or disability to the pregnant woman, then you can be imprisoned for as long as ten years.

3. Who can help me and give me advice?

It is better to avoid having an abortion.  Your local health centre or the local office for Women's and Veterans' Affairs will provide family planning and birth spacing services.  If you are pregnant and choose to terminate the pregnancy, consult a doctor and ask about the nearest place which is authorized to perform abortions.  All records related to the abortion must be kept confidential.  If someone breaks this rule of confidentiality, they will be punished with a severe fine and the private clinic will be closed down.

Topic 3:  Adoption 

The Law on Marriage and the Family says, "Adoption is a contract between two persons, called an adoptive father or mother and another person, called an adoptee, establishing identical relationship in order to establish legitimacy."

            For adoption to be according to the law, there has to be agreement.  The parent or guardian of the child has to give agreement.  If the child is an abandoned baby, agreement to the adoption has to be given by the commune/sangkat.  The contract for the adoption has to be in writing and it has to be signed and stamped by the commune/sangkat. 

1. What does the law say?

The current law is not very thorough on this matter.  However, there are some points which it specifies:

• the person who adopts a child must be more than 25 years old and must be at least 20 years older than the child who will be adopted. 
• the person who adopts may adopt a maximum of two children.
• the child who will be adopted must be less than 8 years old.
• the child who is adopted takes the name of the adoptive father
• the child who is adopted has the same rights and duties as a natural child of the family.

2. What are some of the concerns these days which the law does not talk about?

The law says that a parent or guardian has to give agreement for the child to be adopted.  Since the Law on Marriage and the Family was prepared, inter-country adoption (when foreigners come to Cambodia in order to adopt a Cambodian child) has become common.  There may be a danger that poor people will sell their own baby to earn some income.  There may also be a danger that bad people will offer poor families money in order to "adopt" the child or children to use for their own business (i.e. trafficking).

            The law does not make a distinction between traditional practices of adopting children (koun chengchem and koun som).  The law does not say whether these forms of adoption are legal or not and what safeguards exist for the child who is adopted, or for the protection of those people who adopt in these traditional ways.

3.  What if I have a problem?

The law says that if there is a complaint from the child who is adopted, or from someone else who complains in the interest of the child, the court can rescind the contract of adoption.  The law does not specify what "in the interest of the child" means.

Topic 4:  Domestic Violence 

One Cambodian woman out of every four women who is or who has been married has suffered abuse by her spouse.  The suffering may be physical, verbal, sexual, or psychological.  Few women report being beaten by their husbands because Cambodian society still views the crime of domestic violence as an internal family matter.  Many women do not know what their legal rights are.  They also believe that the police and the courts will not help them because domestic violence is a personal matter.

            According to the Law on Marriage and the Family, women are entitled to separate from their partners, to seek a divorce or to seek a court order to stop violent behaviour.  They are also entitled to a fair division of the marital property, and when they are in need and the husband has the ability to pay, to financial support for themselves and their children.

            A new law on domestic violence has been prepared and it will go to the National Assembly for approval at the end of 2002.

1. What does the new law say?  How is it different from the present law?

The new law wants to protect the victims of domestic violence. It supplements the laws which Cambodia has already in relation to violence against women and children, especially the Criminal Code.

            The Law on Domestic Violence refers to households, that is, to all the who share the same roof and live together as a household or family. That definition includes employees and servants, whether they are paid or not.

            The law says that domestic violence refers to acts of force which cause emotional harm, physical harm, and harm to one's economic livelihood. The law explains what those acts mean.

2. How does the new law protect the rights of women and children?

The new law says public officials (police, PM, commune/sangkat chiefs, etc.) must intervene to stop the domestic violence and protect the victims. If there is a request for intervention in a DV incident, those officials can enter the house and arrest the abuser even if they do not have a court order.

            If the violence has the characteristics of a criminal offence (for example a beating caused serious injury and disability, or rape occurred, or tortured was involved, or someone died) then the matter must go to the court. Local officials cannot use reconciliation to settle a criminal offence.

            The victim of violence can ask the court for a protection order while the case is being investigated. This means that the abuser must not disturb the victim or her property and must not go any closer than 50 metres to her.

3. What if I have a problem?

Seek help. Your own life and the lives of your children may be in danger. Know what the law says and know what your rights are. DV is not your fault. If local authorities cannot help you, ask a human rights organisation in your district to contact an NGO which gives special assistance to women who are the victims of domestic violence.

Topic 5:  Divorce, Child Custody/Maintenance 

The Law on Marriage and the Family defines marriage as "a solemn contract which the parties cannot dissolve as they please." (Article 3)  Marriage is a relationship which endures until it is terminated either by law or by the death of one of the spouses. Husband and wife can only end their marriage according to specific rules and procedures contained in the law.  The end of a marriage may be through annulment (a judgement stating that the marriage was never formed or never existed) or through divorce.

            Divorce is a judgement by a court declaring that a valid marriage has been dissolved and the parties are no longer married.  Specific reasons must be given in order for this judgement to be made.  These reasons are called "grounds".   The law allows fault and no-fault grounds.  The law also permits divorce by mutual consent.

1. What are the grounds for divorce?

If the husband or wife deserts the family without proper reason and without taking care of or supporting the children, or in cases of severe violence (physical or mental cruelty), bad conduct, impotence, then the other spouse may have grounds for divorce.  If the couple has lived apart for one full year, this is also a ground for divorce.  This probably means that the couple have mutually decided to end their marriage.

2.What is the procedure?

The complaining party files directly with the provincial or municipal court, or with the officials of the commune/sangkat where the other party lives. Officials at commune/sangkat level do not have authority to grant a divorce or to make decisions regarding child custody, support, or property division. 

The Family Law requires the couple to take part in reconciliation sessions in order to try to save the marriage.

Commune/sangkat officials must begin reconciliation within fifteen days of receiving the complaint and if the couple do not agree to reconcile, the officials must send the complaint to the court.  The court appoints a judge to conduct reconciliation.  If the couple do not agree to reconcile, after one or a maximum of two months, there will be a second reconciliation attempt.  The lawyers of the husband and wife are not allowed to take part in the reconciliation but they can help their clients prepare for those sessions.  They can attend and advocate for their clients at the third reconciliation session, and at the divorce hearing.           

If the parties agree to divorce by mutual consent, they ask the court to enter a divorce judgement.  They do not have to prove grounds for divorce.  The court will investigate and make sure that the request for divorce is voluntary, not forced, and will probably then legally end the marriage.  The law does not say whether the court should attempt reconciliation when both husband and wife request a divorce by mutual consent. 

3. How will the court decide custody of the children?

The family law allows this decision to be made by agreement of the parties or by the court, but it encourages the couple to reach an agreement regarding custody because this will benefit the children.  If they do not agree, the court must decide.  The law does not provide criteria on which the court should make its decisions except in the case when a baby is still breast-feeding.  These days, the method of deciding custody in cases where the parties cannot agree varies from judge to judge. At the same time, the parent who does not have custody still has the right to visit his or her children.

            After the court has made a decision about child custody, the court may change the order if it can be proved that "the children's interests are violated". 

4. Will the court ensure there is support for the children if I win custody of them?

After husband and wife divorce, each still has a responsibility to support the children.  Child support means a financial payment which the parent who does not live with the children gives to the other parent in order to help provide for the children.  The amount of payment can be decided by agreement of the two parties, or by decision of the court.  Sometimes, when the husband is a government official, the court determines the amount of child support by referring to the dependency allowance which the government provides to government workers.  The wife who has custody of the children may collect this amount directly from the government accountant.

5. What if I can't afford to pay a lawyer or the court – who can help?

A human rights organisation (Adhoc, Licadho or Vigilance) will have an office in the main town of your province. They may be able to help you directly. If they cannot, they will help you to contact another legal aid organisation (such as Legal Aid Cambodia, Cambodian Defender's Project or Cambodian Women's Crisis Centre). Help yourself as much as possible by understanding the law and your rights.

Topic 6:  Property and Inheritance 

The Law on Marriage and the Family defines the ownership of property during marriage in terms of joint property and separate property. (Articles 33,34)  Joint property is what has been earned or bought during the marriage while separate property is what a man or woman owned before the marriage or anything that either one receives as a gift, inheritance or legacy while he or she was married.

            If the property which earns income is joint property, then the income is joint property also.  Income earned from separate property belongs to the individual spouse who owns the separate property and who can use the income separately without the consent or approval of the other spouse.

1. What about the family property in the case of divorce and how will it be divided?

When husband and wife decide to divorce, their rights and obligations to each other and to their children must be redefined.  The couple may decide for themselves matters such as division of property or custody of children, or the court may do it for them. 

            The law says that when the court divides the property, the parties are entitled to their own separate property and to one half of any joint property, meaning that each partner gets half of the total value of the property.    The law also says that under special circumstances, the property may be divided unequally, "taking into account the interests of the children and outside employment." For example, if the children remain with the wife, then the wife may need the home which she and her husband have been living in.

2. Will the new Land Law affect women's rights to property ownership and inheritance?

Any man or woman with Khmer nationality has the right to own land.  The Land Law of August 2001 makes no distinction between men and women in their rights to property ownership or inheritance.

            Ownership is guaranteed by the state.  The Cadastral Administration under the supervision of the Ministry of Land Management, Urban Planning and Construction has the authority to issue ownership titles, register land and give information about the status of any piece of land.

3. How is property protected and divided by law from generation to generation?

In relation to land, if you lived on the land for five years before the 2001 Land Law was passed and nobody ever challenged your possession of the land, then you have the right to request a title of ownership of the land. (Article 30)  Even if you do not have a certificate or ownership or if you have not registered the property, you may transfer your land to your children as long as the land is legally occupied. 

            After your children or successors inherit the property, they cannot divide or sell the property unless all of the successors agree. (Article 75)

            The Draft Civil Code sets out very clearly how property should be divided after the death of the owner of the property, if the owner died and did not specify how his property should be divided after his death.  There are three levels of succession:

• the children
• the surviving parents
• his brothers and sisters

The dead man's wife is equal to all three levels.  For example, if a man dies, then his property will be shared among his children in equal parts and his wife will also have one equal part.  If there were no children, the property would pass to his mother and father, and his wife would receive an equal share.  If there were no children and his parents were dead already, the property would pass to his brothers and sisters, and his wife would receive an equal part. 

            If someone dies without a will and without any relatives, the state will take the property.

4. What should I do if I have a problem?

Disputes frequently arise within families, particularly over inheritance of property and goods when a parent dies.  These disputes can destroy families.  Disputes also frequently arise between families, particularly over ownership of land.  These disputes can destroy communities.  Therefore, you should know the law so that when disputes arise, you have some knowledge about how to resolve them.  The law is for your protection so get legal advice.  Local authorities should help.  If they cannot, contact a human rights organization in your district.

Topic 7:  Rape

In the Draft Criminal Code, rape is “any act of sexual penetration committed against another person by violence, force, threat or surprise.”  Rape is a serious crime and the punishment is from five to ten years in prison.  The victims are usually women and girls but, as the law says, rape can be committed against any person. 

            The punishment for rape increases according other special circumstances.  For example, if a gun or other weapon is used to threaten the victim into submission, or if drugs are used so that the victim is unable to avoid rape, or if the rapist is someone who authority over the victim (such as a husband, father, stepfather, or guardian), or if the rapist takes advantage of his position (such as the director or staff of an orphanage or shelter), or if the rape is carried out by several people at the same time  -  in these cases, the punishment is seven to fifteen years in prison.  If the victim is particularly vulnerable because of age (very young or very old), or is pregnant or has a disability, the punishment is seven to fifteen years in prison.  If the victim is seriously injured, is tortured, or dies as a result of the crime, the punishment can be as much as thirty years in prison.

            Rape is a very serious crime and it deserves to be punished severely.  The victim of rape will suffer serious psychological harm even if the physical harm is not permanent.  The transmission of sexual diseases from the rapist to the victim can cause lasting harm and even death if the rapist transmits the AIDS virus.

1. Can rape occur within the family?

Rape can be an extreme form of domestic violence.  Like other acts of domestic violence, rape is a form of power and control exercised over weaker members of the family, usually female children and wives.  Sex with a younger female family member is “incest” and it represents a terrible abuse of parental authority or guardianship.  When a husband forces sex on his wife without her agreement, this is “marital rape”.  For example, it may occur as a result of a domestic conflict, or demands for sexual intercourse when a woman is heavily pregnant or not fully recovered from delivering a baby.  Marital rape is a serious abuse of spousal authority and power.

2. Are there any excuses for rape?

Rape is every woman’s worst fear.  No woman ever asks to be raped.  Because a woman works as a prostitute, or if she wears a short skirt, or if she is alone and far from home, or if a man or several men are drunk, or if a man believes he has the right to demand sex from a woman – none of these reasons, or any other reason, constitute an excuse for rape.

3. Are there “degrees” of rape?

The law says that rape is any act of sexual penetration.  It does not specify that rape has to be by the male penis.  Rape may be sexual penetration by any object and it is still rape even if the object is not the male penis.  The law does not specify that penetration has to be complete penetration.  There are no degrees of rape.  It is not the depth of penetration which determines the crime or the amount of psychological and physical harm to the victim.

4. What should I do if I am raped or if someone in my family is raped?

The Khmer proverb says “a ripped skirt should not be further torn”.  This means that once damage has been done, it is not useful to cause more harm by letting everyone know about it.  Women who are raped suffer the further pain of having people look down on them as though they were responsible for the crime.  Therefore, many women who are raped do not report the crime to the police or the authorities.  They think people will blame them.  Their families are ashamed.  Sometimes their families agree to accept money in compensation for the suffering and do not report the crime.  Sometimes families even require the rapist and the victim to get married.  This is a terrible consequence for the victim for the rest of her life.

            If women who are raped do not report the crime, the rapist may continue to rape other women without fear of punishment.  If women do not report the crime, it is like saying that the crime itself is not very important.  The society should support the victim and demand that the rapist face punishment.

            If you or someone you know is raped, get advice from someone you can trust to help you.  Apart from local authorities and local women’s associations, there are many organizations which provide services to rape victims, including legal services.  The human rights organization in your district will tell you how to contact these organizations.

Topic 8:  Trafficking and Prostitution

A new draft law on the Suppression of Trafficking and Commercial Sex Work has been prepared to replace the existing Law on Suppression of Kidnapping, Trafficking and Exploitation of Human Persons of 1996. The new law is helpful because it defines "trafficking" and "prostitution" for the first time and it also details how crimes associated with trafficking and prostitution should be punished.  This should make it much easier to enforce the law.

1. What does the law say that trafficking is?

Human trafficking means illegally handing custody of a person to another person, or illegally accepting that handover of the custody of a person from another, which involves the exchange of something valuable for something else which may include both services and people.

            Human trafficking is often considered to be just for the purposes of sexual exploitation but people (especially women and children) are also trafficked to do forced labour or begging.

2. Am I legally obliged to respect the conditions of debt bondage?

Sometimes parents or guardians sell a child or young woman in return for the promise of a job for the child.  Sometimes the child is sold directly to a brothel where the child/young woman is used for prostitution and is considered to be in bonded labour until the debt of the buyer (the brothel owner) is repaid.

            In fact, bonded labour is slavery and slavery is against the law in Cambodia.  However, the practice of debt bondage is a very old tradition.  Families use this method of debt bondage to pay off existing family debts.  Nevertheless, in answer to the question, according to the law, you do not have to respect the conditions of debt bondage. These contracts are illegal. The law says that those making contracts which bind a woman or child to work as a prostitute is liable to punishment of two to five years in prison and/or a fine of four to ten million riels.

3. What is prostitution?

The new draft law defines prostitution as "sex with another person which specifies the exchange of something of value".

4. Is prostitution legal or illegal?

The law is not clear about this.  The law says that soliciting in a public place with the purpose of prostitution is liable to 1-5 days in prison and a fine of 1,000 – 10,000 riels.  Acting as a go-between for a client and a prostitute is illegal and advertising a place for prostitution is also illegal.  It seems, though, that if a man or woman exchanges sex for something of value (usually money) and does this privately and does not advertise the service publicly, then prostitution is not illegal.

5. Do prostitutes have rights to legal protection?

The new draft law says that "anyone who forces another to work as a prostitute by using violence or arms will be liable to between five and ten years in prison."  This means that victims of forced prostitution definitely have rights to legal protection.

            Commercial sex workers, who may work voluntarily or who may have decided to remain in the commercial sex industry after they paid off their debt to the brothel owner, definitely have rights and these are the same fundamental human rights as all Cambodian people.  Accordingly, they have the same rights to legal protection.  Because of social attitudes towards commercial sex workers, however, it may be extremely difficult to claim those rights if they act alone.  For this reason, and for many other good reasons, commercial sex workers have started to form labour unions which will help them to claim the legal protection to which they have rights already.

6. How can I get help if I find myself in these situations?

There are several organisations which assist women and young women in crisis situations such as these. These organisations have shelters and will provide medical and psychological support to victims and assist them with reintegration into their own societies. For the Cambodian Women's Crisis Centre telephone (023) 982 158, or mobile numbers 012 787 509 / 012 947 186. AFESIP can be contacted at (023) 884 123 or (023) 368 644. The Ministry of Interior has special police trained to intervene in cases of sexual exploitation. Their 24-hour hotline number is (023) 720 555.

Topic 9:  Paid Work 

The Labor Law of 1997 forbids discrimination against women in recruitment, assignment, training, and promotion of workers. (Article 12)  It also guarantees that workers should receive the same wage for the same work regardless of sex or age. (Article 106)  Employers and managers are required to observe the ruling that sexual harassment in the workplace is forbidden. (Article 172)  Women who work are entitled to maternity leave of ninety days on half pay. (Article 182)

1. How old do I have to be to get a paid job?

The minimum age for wage employment is 15.  If the job is dangerous to health, safety or morality, then the minimum wage is 18.  On the other hand, children between 12 and 15 can be hired to do light work as long as the work does not interfere with their schooling.  Workers under the age of 18 cannot do night work.  No child under the age of 18 can accept a labour contract without the permission of his or her parent or guardian. These rules apply equally to women and men, girls and boys.

2. What is sexual harassment and what can I do about it?

This is any deliberate or repeated verbal comments, gestures of behaviour of a sexual nature directed at you which you do not want.  This might include unwanted touching, comments about your body, insults of a sexual nature, displaying pornographic pictures with the intention of embarrassing you, or workplace blackmail (suggesting that if you have sex with the boss or the foreman that you will get a promotion, or the sack if you do not).

            If things like this happen to you in the workplace remember that it is not your fault and you should not feel that you have to give up your job or your studies.  Talk about the problem with someone you can trust.  Find some allies and then report the harasser to someone who has more authority than he does.

3. Are there any special conditions for maternity leave?

The law says that women are entitled to maternity leave of 90 days.  If they have worked in the same job for at least one full year, they will receive half of their normal wage, plus their perquisites.

            During the first two months after they return to work, they should only be given light work to do.

            The law forbids employers to dismiss women workers during their maternity leave.

4. What should I do if I have a problem in my workplace?

If you belong to a union, take your problems to your union representative.  If you do not belong to a union or there is no union where you work, you will have to rely on fellow workers to support you when you take your complaint to the foreman or the manager.  Negotiation skills and the ability to present your case in a way which will not cause anger or resentment are very important.  It will help if you know a little about the law when you present your case.

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