Human rights in Andorra
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Human Rights in Andorra are guaranteed under the Andorran constitution. The
State Department The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...
considers Andorra to have few human rights concerns.


Respect for the Integrity of the Person

The
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
and law prohibit Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment,
arbitrary arrest and detention Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law ...
.
Andorra , image_flag = Flag of Andorra.svg , image_coat = Coat of arms of Andorra.svg , symbol_type = Coat of arms , national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...
has no
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or military. The national police, which have sole responsibility for
internal security Internal security is the act of keeping peace within the borders of a sovereign state or other Self-governance, self-governing territories, generally by upholding the national law and defending against internal security threats. Responsibility fo ...
, are organized into four areas: public security, technical support, borders and traffic, and crime. Police may legally detain persons for 48 hours without charging them with a crime.
Warrants Warrant may refer to: * Warrant (law), a form of specific authorization ** Arrest warrant, authorizing the arrest and detention of an individual ** Search warrant, a court order issued that authorizes law enforcement to conduct a search for eviden ...
are required for arrest. The law does not provide individuals under arrest immediate access to an attorney. Legislation provides for legal assistance beginning 25 hours after the time of arrest. There is a system of
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...
. Lengthy pretrial detention was a problem, and the
ombudsman An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
has criticized it. Approximately 75 percent of lengthy detention cases involved foreigners. Pretrial detainees made up approximately 30 percent of the prison population. The constitution and law provide for an independent judiciary, and the government generally respected this provision in practice. The judiciary includes the Magistrate's Court and the Court of Courts. Once sentencing is announced there is a 10-day period to present an appeal to the Magistrate's Court. Upon acceptance of appeal the report is sent to the Court of Courts where the two parties are requested to return within a 15-day period. If the appellant or a legal representative makes no physical appearance before the court within the 15-day period then the appeal is declared void. The highest judicial body is the five-member
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. The two princes, the head of government, the president of the parliament, and, collectively, members of the lower courts, appoint one member each. The constitution and law provide for the right to a fair trial, and an independent judiciary generally enforced this right. Trials are public and defendants can request a jury. Defendants have the right to present evidence and consult with an attorney. Defendants have a presumption of innocence, and they have the right to appeal. Andorra prohibits the imprisonment of political dissidents. The constitution and law prohibit Arbitrary Interference with Privacy, Family, Home, or Correspondence.


Civil liberties


Freedom of speech and press

The
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
and law provide for freedom of speech and of the press. An independent press, an effective judiciary, and a functioning democratic political system are maintained.


Freedom of peaceful assembly and association

The constitution and law provide for the
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
and association, and the government generally respected these rights in practice.


Freedom of religion

The constitution and law provide for
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
, and the government generally respected this right in practice. Under the constitution, the
Roman Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
and the state have a special relationship; however, the Catholic Church received no direct subsidies from the government. There were no reports of
anti-Semitic Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism. Antis ...
acts against the approximately 300-person Jewish community.


Freedom of movement within the country, foreign travel, emigration, and repatriation

The constitution and law provide for these rights, and the government generally respected them in practice. The constitution and law prohibit forced exile, and the government did not employ it. The law does not provide for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and the government has not established a system for providing protection to refugees. The government did not grant refugee status or asylum; however, it cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in assisting refugees. At the request of the Spanish government, the government accepted five
Eritrea Eritrea ( ; ti, ኤርትራ, Ertra, ; ar, إرتريا, ʾIritriyā), officially the State of Eritrea, is a country in the Horn of Africa region of Eastern Africa, with its capital and largest city at Asmara. It is bordered by Ethiopia ...
n immigrants who were part of a group saved from a ship adrift in the
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. The government said it accepted the group for humanitarian reasons.


Political rights

The constitution and law provide citizens with the right to change their government peacefully, and citizens exercised this right in practice through periodic, free, and fair elections held on the basis of universal suffrage. General Council elections in April 2005 were considered free and fair and allowed the conservative
Liberal Party of Andorra The Liberals of Andorra ( ca, Liberals d'Andorra, LA) is a conservative-liberal political party in Andorra. It is a member of the Liberal International and the Alliance of Liberals and Democrats for Europe. History The party was established a ...
to remain in power. Individuals and parties could freely declare their candidacy and stand for election. There were eight women in the 28-seat General Council, and three women in the 11-seat cabinet. There were no members of minorities in either the General Council or the cabinet. There were no reports of government corruption during the year. The law provides for public access to government information, and the government permitted access in practice for citizens and non-citizens, including foreign media.


Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views. An ombudsman received and addressed complaints, some of which were against the government's policies. The ombudsman was free of government control, and the government was generally responsive to the ombudsman's recommendations. The ombudsman, who is elected by consensus of all political parties, is authorized to hear and investigate complaints by private citizens against government officials or agencies. The ombudsman advised the government to follow World Health Organization recommendations concerning work and residence permits for immigrants. The government's denial of permits to people with certain diseases, including those affected by HIV, is a practice that the ombudsman stated could violate human rights. The
Andorran International Women's Association Andorran may refer to: * Something of, or related to Andorra, the European microstate ** A person from Andorra or of Andorran descent; see List of Andorrans ** Andorran cuisine * A resident of Andorra, Teruel, Spain See also * * Andorian ...
(AIWA), Caritas, the
Andorran Women's Association Andorran may refer to: * Something of, or related to Andorra, the European microstate ** A person from Andorra or of Andorran descent; see List of Andorrans ** Andorran cuisine * A resident of Andorra, Teruel, Spain See also * * Andorian ...
(AWA), and
Women's Group A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female humans regardle ...
formed a "platform for human rights" in January with the purpose of ensuring that human rights are adhered to in the country.


Discrimination, societal abuse, and trafficking in persons

The constitution and law declare that all persons are equal before the law and prohibit discrimination on grounds of birth, race, gender, origin, opinions, or any other personal or social condition; however, the law grants several rights and privileges exclusively to citizens.


Women

Violence against women was a problem. According to the
Ministry of Health, Welfare, and Family Ministry may refer to: Government * Ministry (collective executive), the complete body of government ministers under the leadership of a prime minister * Ministry (government department), a department of a government Religion * Christian mi ...
, violence against women increased during the year; the number of reports of physical abuse rose to approximately 110 cases. There is no specific law prohibiting domestic violence, although other laws may be applied in such cases. Victims of domestic violence could request help from the AIWA and the AWA, but rarely filed a complaint with the police for fear of reprisal. The two associations reported that some women complained about the treatment they received from police when they went to file a complaint. Authorities reported that the number of persons prosecuted for violence against women during the year increased, but they did not provide statistics. The government had a hotline and provided medical and psychological services to victims of domestic violence but did not have any shelters. The government and the AIWA placed abused women and their children in the private apartments of people who agreed to provide shelter to them. Caritas, a religious
NGO A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
, worked closely with the government and the AIWA on social issues. The law prohibits rape, including
spousal rape Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic vi ...
, which is punishable by up to 15 years' imprisonment. Authorities enforced the law effectively. Prostitution is illegal and was not a problem. The law does not prohibit sexual harassment; however, it was not considered a problem. The law prohibits discrimination against women privately or professionally; however, the AWA reported that there were many cases of women dismissed from employment due to pregnancy. Women did not earn equal pay for equal work. Observers estimated that women earned 35 percent less than men for comparable work; this gap appeared to be decreasing slowly.


Children

The government was committed to children's welfare. Free, universal
public education State schools (in England, Wales, Australia and New Zealand) or public schools (Scottish English and North American English) are generally primary or secondary schools that educate all students without charge. They are funded in whole or in pa ...
begins at age four and is compulsory until age 16. The government provides free
nursery school A preschool, also known as nursery school, pre-primary school, or play school or creche, is an educational establishment or learning space offering early childhood education to children before they begin compulsory education at primary school ...
s, although their number continued to be insufficient. Reportedly 100 percent of school-age children attended school.
Secondary school A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' secondary education, lower secondary education'' (ages 11 to 14) ...
was the maximum level of public school offered. Health care is free, and boys and girls had equal access. Although violence against children was a problem, according to the secretariat of state for the family, the number of cases was low, and the incidence of child abuse continued to fall during the year.


Trafficking in persons

The law does not prohibit
trafficking in persons Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extracti ...
; however, there were no reports that persons were trafficked to, from, or within the country.


Persons with disabilities

The law prohibits discrimination against persons with disabilities in employment, education, access to health care, or in the provision of other state services, and the government enforced it effectively. Nevertheless, societal discrimination against persons with disabilities existed on a small scale, in the form of social and cultural barriers. Persons with disabilities also faced disadvantages in the labor market. The law mandates access to public buildings for persons with disabilities, and the government generally enforced this provision. An association for persons with disabilities operates in the principality.


National/racial/ethnic minorities

Some immigrant workers complained that although the law provides them the same labor rights as citizens, they were not treated the same in practice.


Worker rights

The constitution allows workers to form and join
trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
s of their choice without previous authorization or excessive requirements, and workers exercised these rights in practice. However, no further specific law has been developed to protect this right; thus workers are sometimes reluctant to admit to union membership, fearing retaliation by their employers. The law allows unions to conduct their activities without interference, and the government respected this right in practice. The law does not specifically provide for collective bargaining. The minimum wage is determined by the consumer price index; the vast majority of employees are paid more than this. The law does not provide for the right to strike, and there were no strikes during the year. There are no export processing zones. The law does not prohibit forced and compulsory labor, including by children; however, there were no reports that such practices occurred. The law prohibits children under the age of 18 from working, except in very limited circumstances. The labor inspection office in the Ministry of Social Welfare, Public Health, and Labor effectively enforced
child labor Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such e ...
regulations. The national minimum wage of $8.51 (6.50 euros) per hour, and $1,080 (825 euros) per month did not provide a decent standard of living for a worker and family. Wages increased at a slower pace than housing and lodging costs. The labor inspection office enforced the minimum wage effectively. The law limits the workweek to 40 hours, although employers may require up to 66 hours per month and 426 hours per year overtime from workers. The law provides for premium pay for overtime. There is a required rest period every day. The standard workday is eight hours; workers may work up to three overtime hours per day or 15 hours per week. The labor inspection service sets occupational health and safety standards and effectively enforced them. During the year the labor inspection service received more than 200 complaints against companies for violating labor regulations, and had the authority to levy sanctions and fines against such companies. Although the law authorizes employees to refuse certain tasks if their employers do not provide the necessary level of protection, it does not provide workers the right to remove themselves from dangerous work situations without jeopardizing their continued employment. The number of accidents at work has been rising for a number of years; from January to October there were 5,395 accidents.


See also

*
LGBT rights in Andorra Lesbian, gay, bisexual, and transgender (LGBT) rights in Andorra have advanced significantly in the 21st century. Civil unions, which grant all the benefits of marriage including adoption, have been recognized since 2014, and discrimination on t ...


References

* U.S. Bureau of Democracy, Human Rights, and Labor
Country Reports on Human Rights Practices in Andorra (2006)
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