Human rights in Brazil

Source: Wikipedia, the free encyclopedia.

This article is part of a series on the
Politics of Brazil
Executive
Legislative
Judiciary
Law
Administrative divisions
Elections

Recent elections

Foreign relations
Related topics

Human rights in Brazil include the right to life and freedom of speech; and condemnation of slavery and torture. The nation ratified the American Convention on Human Rights.[1] The 2017 Freedom in the World report by Freedom House gives Brazil a score of "2" for both political rights and civil liberties; "1" represents the most free, and "7", the least.[2]

However, the following human rights problems have been reported: torture of detainees and inmates by police and prison security forces; inability to protect witnesses involved in criminal cases; harsh conditions; prolonged pretrial detention and inordinate delays of trials; reluctance to prosecute as well as inefficiency in prosecuting government officials for

informal sector. Human rights violators often enjoy impunity.[6] According to UNESCO, "Brazil promotes a vast array of actions for the advancement and defense of human rights, even though it faces enormous social and economic inequalities".[7]

Slave labor and labor exploitation

Main articles: Slavery in Brazil and Social apartheid in Brazil
African slaves carrying a White Brazilian man in Salvador, 1869.
Barley slavery in a sugar plantation in the country.

Slavery is illegal in Brazil.

sugar cane farms, since sugar cane is a raw material for ethanol, a product that the Brazilian government is currently actively encouraging the production and research of.[citation needed
]

In 2014, Brazil is still classified in a U.S. Department of Labor report as one of the 74 countries that still employ children and slave laborers within the informal working sector. A List of Goods Produced by Child Labor or Forced Labor issued within the report shows 16 products including cotton, cashews, pineapples, rice and sugarcane[10] corresponding to the country of Brazil.

Human rights abuse isn't limited to just the local population but to foreign domestic workers as well. In 2017, a

Modern slavery working for a Brazilian family.[11]

Domestic violence

Main article: Domestic violence in Brazil
See also: Outline of domestic violence
Maria da Penha celebrating the two years of Maria da Penha Law in Brasília.
The governor of Minas Gerais, Aécio Neves, during the Campaign Protect Our Children.

On August 7, 2006, former Brazilian President Luiz Inácio Lula da Silva signed a law on domestic and family violence against women in Brasília.[12]

Ethnic minorities

Main articles:
Ethnic groups in Brazil and List of endangered languages in Brazil
Protest against university quotas for Afro-descendants in Brasília. The large poster says: "Wanna get into college? Pass the test!"

Although the law prohibits

Afro-descendants
.

Major public universities in the Federal District and the states of São Paulo, Rio de Janeiro, Paraná, Mato Grosso, Minas Gerais, Espírito Santo, Bahia, and others maintained affirmative action programs. For instance, the University of Brasília set aside 25 percent of its first-year 2007 vacancies for self-declared students of color. According to a study from Rio de Janeiro Federal University released in January, approximately half of the public federal and state universities had a quota system or an exam bonus.[13]

The law grants the

National Indigenous Foundation (FUNAI) estimated that there were 460,000 indigenous persons in 225 societies on indigenous lands and an additional 100,000 to 190,000 indigenous persons living outside these areas, including in urban environments. According to the Ministry of Education, 20 state and federal universities continued to reserve entrance slots for indigenous persons. The number of indigenous university students, almost 5,000 or approximately 1 percent of total university students, remained unchanged.[14]

Women's rights

Main articles:
Women in Brazil and Women's rights in Brazil
Nilcéa Freire, Special Secretariat of Policies for Women

Women have the same legal rights as men. A cabinet-level office, the Secretariat for Women's Policy, oversees a special entity charged with ensuring the legal rights of women. Although the law prohibits discrimination based on gender in employment and wages, there were significant wage disparities between men and women. According to the Ministry of Labor and Employment (MTE), women were often paid less than men in the same functions.

The law provides 120 days of paid maternity leave to women and seven days of

employers, while the company may be fined 10 times the salary of its highest-paid employee.[citation needed
]

Prostitution is legal, but exploiting it through associated activities, such as operating a brothel, is illegal. While no specific laws address sex tourism, it is punishable under other criminal offenses, and there was a government-released "code of conduct to combat sex tourism and sexual exploitation" and government-conducted campaigns in the most affected areas.

The Federal District and the states of

Trafficking of women
for the purpose of prostitution was a serious problem.

Each state secretariat for public security operated "

delegacias da mulher
" (DEAMs), police stations dedicated exclusively to addressing crimes against women, for a total of 415 countrywide. The quality of services varied widely, and availability was particularly limited in isolated areas. For example, the North and Northeast regions, which contained approximately 35 percent of the country's population, possessed only 24 percent of the country's DEAMs.

The stations provided psychological counseling, temporary shelter, and hospital treatment for victims of domestic violence and rape (including treatment for HIV and other sexually transmitted diseases) as well as criminal prosecution assistance by investigating and forwarding evidence to courts. There were also 123 reference centers and 66 women's shelters.

In Rio de Janeiro, the city's Rio Women Program provided assistance to female victims of domestic violence who received death threats. When necessary, victims were sent to specific shelters, which also provided psychological and legal aid. In addition to the Women Program, victims of domestic violence could obtain assistance at the Center for Women's Support, an initiative of the Rio de Janeiro state government that offered a complaint hot line, shelters, and psychological and legal aid.

The law requires

facilities to contact the police regarding cases in which a woman was harmed physically, sexually, or psychologically in order to collect evidence and statements should the victim decide to prosecute. Sexual harassment
is a criminal offense, punishable by up to two years in prison. The law encompasses sexual advances in the workplace or in educational institutions and between service providers or clients.

In the

hierarchical situations, where the harasser is of higher rank or position than the victim. Although the law was enforced, accusations were rare, and the extent of the problem was not documented.[15]

Prisoner violence

Main articles: Carandiru massacre and Candelária massacre

The Brazilian prison system is considered insolvent for a long time. Prisons are overcrowded and unhealthy, and

Prison overcrowding results in a prominent occurrence of prison violence and murder as well as frequent revolts and escapes. To deal with these problems, prison administrations often divide prison populations according to gang affiliation. According to Global Justice, there have been claims of gang affiliation being assigned. Living space, food, and human cleanliness conditions are inhumane and bribery for privileges and transfers is rampant. In December 2007, a case of prison gang rape in Pará brought media attention to the condition of human rights in the Brazil prison system.[17] Other cases, like of the beating of two young suspects by two military police officers from the 4th Battalion in the city of Picos, Piauí, have also made the headlines.[16]

Prison conditions throughout the country often range from poor to extremely harsh and life-threatening. Abuse by prison guards, poor medical care, and severe overcrowding occurred at many facilities. Prison officials often resorted to brutal treatment of prisoners, including torture, harsh or dangerous working conditions, official negligence, poor sanitary conditions, abuse and mistreatment by guards, and a lack of medical care led to a number of deaths in prisons. Poor working conditions and low pay for prison guards encouraged widespread corruption. Prisoners who committed petty crimes were held with murderers. According to the National Penitentiary Department, in June there were 392,279 prisoners incarcerated, 40 percent more than the system's design capacity, and the number increased approximately 3,000 per month. During the year 135 prisoners were involved in riots from January to June in federal prisons. There were several official complaints of overcrowding in Goiás, Rio de Janeiro, São Paulo, and Minas Gerais states.[18]

Summary executions and police violence

Main articles: Crime in Brazil and Law enforcement in Brazil
Police approach civil population in the brazilian Federal District.

Police violence is one of the most internationally recognized human rights abuses in Brazil. The problem of urban violence focuses on the perpetual struggle between police and residents of high crime favelas such as the areas portrayed in the film City of God and mainly Elite Squad.

Police response in many parts of Brazil is extremely violent, including

disappearances. Not all states record police killings or keep accurate statistics.[citation needed
]

Reports of killings by Rio de Janeiro police decreased during the year under a new state security strategy. Statistics released by the

civilians in the state from January to September, compared with 315 during the same period in 2007. Cases involving extrajudicial executions were either under police investigation or before the state courts; observers believed that it could take years to resolve such cases.[citation needed
]

There were no

disappeared"; the center believed many were killed by police. There were no developments in the disappearance cases that occurred during the 1964-85 military dictatorship, and 400 cases remained for the Amnesty Commission to analyze. There were also no developments regarding the 2007 Chamber of Deputies' Human Rights Committee request that the government seize documents to determine the circumstances of military regime political prisoner deaths and the locations of their remains.[19]

Torture

Main articles:
Tortura Nunca Mais, and Capital punishment in Brazil
death penalty
in Brazil since 1991:
  Favourable
  Against
  Undefined
Source: Datafolha institute.

Brazil's 21-year military dictatorship, ushered in with a U.S.-backed coup in 1964, tortured thousands of Brazilian citizens—anyone even suspected of opposing the authoritarian regime. As of 1988, torture is illegal in Brazil.

prison guards remained a serious and widespread problem. In February[year missing] the government's National Human Rights Secretariat (SEDH) acknowledged that torture existed in the country and related the problem to societal tolerance and the fear of retaliation
.

Federal, state, and military police often enjoyed impunity in cases of torture, as in other cases of abuse. During the year an additional state (for a total of 13 of 26) adopted the National Plan for the Prevention and Control of Torture, which includes the installation of cameras in prisons and penitentiaries, taping of interrogations, and reversal of the presumption of innocence for those accused of torture.[citation needed]

During the first half of the year, [

militia members reportedly continued to use physical abuse, degrading treatment, and torture to spread fear and establish control over favela residents. While militia members, many of them off-duty and former law enforcement officers, often began by taking community policing into their own hands, many intimidated residents and conducted other illegal activity. In May militia members reportedly kidnapped, tortured, and released two O Dia newspaper investigative journalists in Rio de Janeiro's Batan favela, when they were discovered living there undercover to investigate militias.[citation needed
]

The Rio de Janeiro military police officer, who publicly defended the use of torture in 2007 and was subsequently transferred, was assigned command of the 38th Military Police Battalion in Três Rios. The nine police officers, including the police chief of Osasco, São Paulo, charged in 2007 with theft, torture, extortion, beating, and threatening to rape to extort money, remained free and continued to await a trial that at year's end was not scheduled. In October 2007 the Inter-American Commission on Human Rights (IACHR) adopted several findings in a case originated in 1998, that authorities had violated the rights of Antonio Ferreira Braga by illegally arresting and torturing him in 1993 in Ceará State, and that the government had failed to prevent and punish said acts, and also made four recommendations. After various exchanges the IACHR announced on July 18 that the government had fulfilled one recommendation (training police on humane treatment), but not two others (investigation and punishment of those responsible, compensation of the victim), and that one remained pending (investigation of possible negligence of authorities).[21]

Agrarian violence and oppression

Main article: Landless Workers' Movement
Children's celebrating the twenty years of Landless Workers' Movement, in the city of Itapeva.

The agrarian struggle in Brazil is manifold, touching on the topics of deforestation,

policemen to drive and intimidate landless populations from their properties.[22][23]

Other cases of agrarian human rights violations involve invasion of properties and taking landowners as hostages, in order to force the government to provide land for the Landless Worker's Movement. Further agrarian violence arises from smugglers of exotic animals, wood, and other minerals from extracting contraband from forest or agrarian areas.[

Movimento dos Trabalhadores Rurais Sem Terra (MST) has 1.5 million people in the group.[24]

Indigenous violence

Main article: Indigenous peoples in Brazil
Indigenous Reserve in the State of Roraima.

As

Amazon offers, indigenous
tribes that live in the forest are subject to violence. To protect their land, many indigenous people attack the new arrivals, who fight back, leading to violence and deaths.

The law provides indigenous persons with exclusive beneficial use of the soil, waters, and minerals on indigenous lands, but Congress must approve each case. The government administers the lands but must consider the views of affected communities regarding their development or use, and communities have the right to profit from such use. However, indigenous leaders and activists complained that indigenous peoples had only limited participation in decisions taken by the government affecting their land, cultures, traditions, and allocation of national resources.

It is also criticized the government for devoting insufficient resources to health care, other basic services, and protection of indigenous reserves from outsiders. Non-indigenous people who illegally exploited indigenous lands for mining, logging, and agriculture often destroyed the environment and wildlife and caused violent confrontations.

Indigenous Brazilians was released by the Brazilian government on May 5, 2020.[26]

Refugees

Main article: Convention Relating to the Status of Refugees
refugees in the city of Mogi das Cruzes
.

The law provides 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 established a system for providing protection to refugees. In practice the government provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened.

The government provided temporary protection to individuals who may not qualify as refugees under the 1951 convention and the 1967 protocol. The government cooperated with the Office of the

humanitarian organizations
in assisting refugees and asylum seekers.

The UNHCR estimated that approximately 600 persons fled to the country from the September conflict in

Refugees, at the end of the year there were 3,918 recognized refugees in the country. During the year authorities granted refugee status to 226 individuals. Those who maintain their status, which is reviewed every two years, may receive identity and travel documents
and work and study in the country.

From 1998 to 2008, 4,515

Survey. Many asylum seekers did not have government support because of the poor infrastructure in the region. Relations with local communities were increasingly difficult because of pressures on the educational and health systems.[27]

Violence against human rights defenders

Many human rights defenders who have arisen to oppose human rights violations and their families and friends suffer violence and persecution across Brazil. Telephone death threats are prominent and often followed through by ambush or assassination.[citation needed]

Government officials, attorneys, union leaders and even religious leaders have often been targeted, as with Antonio Fernandez Saenz affair. The danger of human rights defense entered the world press with the murder of Dorothy Stang in 2005, and Chico Mendes in 1988.[28]

On 11 April 2022, the Office of the United Nations High Commissioner for Human Rights(OHCHR) issued a statement condemning the restrictions on Brazilians’ rights to full and active social and political participation, and the appalling levels of violence directed against human rights defenders, women journalists, indigenous peoples and traditional communities in particular of African-descent.[29]

LGBT rights

Main article: LGBT rights in Brazil
Anti-discrimination protest in Brasília.

Lesbian, gay, bisexual, and transgender (LGBT) people in Brazil enjoy many of the same legal protections available to non-LGBT people, with LGBT people having marriage rights available nationwide since May 2013.

same-sex couples to marry, and have the same legal rights as married heterosexuals.[31]

The

LGBT organizations.[34]

International Gay and Lesbian Human Rights Commission
, at least 1,200 gays, lesbians and transsexuals were killed in Brazil in a decade.

See also

References

Public Domain This article incorporates public domain material from 2008 Human Rights Report: Brazil. United States Department of State.

  1. ^ "Multilateral Treaties - AMERICAN CONVENTION ON HUMAN RIGHTS "PACT OF SAN JOSE, COSTA RICA" (B-32)". Organization of American States. Retrieved July 11, 2017.
  2. ^ "Brazil - Freedom in the World 2017". Freedom House. Archived from the original on July 8, 2019. Retrieved May 4, 2021.
  3. ^ "Brazil - World - Americas". Human Rights Watch. Retrieved July 11, 2017.
  4. ^ "Brazil 2016/2017". Amnesty International. Retrieved July 11, 2017.
  5. ^ a b "ENGLISH VERSION of Human Rights Complaint Document submitted to the United Nations OHCHR by the National Indigenous Peoples Organization from Brazil (APIB)". EARTH PEOPLES. November 13, 2012. Archived from the original on April 1, 2019. Retrieved November 19, 2012.
  6. ^ "Human rights in Brazil". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  7. ^ "Human Rights in Brazil". UNESCO. United Nations. Retrieved July 11, 2017.
  8. ^ a b Kersten, Ignácio Mendez. "A Constituição do Brasil e os Direitos Humanos" (in Brazilian Portuguese). Archived from the original on February 15, 2019. Retrieved July 11, 2017.
  9. ^ "BBC news, major raid in slave farm". BBC News. July 3, 2007. Retrieved October 21, 2010.
  10. ^ List of Goods Produced by Child Labor or Forced Labor
  11. ^ Bachega, Hugo (December 11, 2017). "The housemaid's tale: 'I ate dog food to survive'". BBC News. Retrieved December 11, 2017.
  12. ^ "Maria da Penha Law". Unifem.org. Retrieved October 21, 2010.
  13. ^ "Quotas for Afro-brazilians". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  14. ^ "Indigenous situation in Brazil". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  15. ^ "Women rights in Brazil". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  16. ^ a b "Amnesty International report on Brazil". Archived from the original on June 10, 2009.
  17. ^ Barrionuevo, Alexei (December 12, 2007). "Rape of Girl, 15, Exposes Abuses in Brazil Prison System". The New York Times. Retrieved December 13, 2007.
  18. ^ "The situation of Brazilian prisons and human rights". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  19. ^ "Police violence and Human rights". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  20. S2CID 153427610
    .
  21. ^ "Torture in Brazil". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  22. ^ Refugees, United Nations High Commissioner for. "Refworld | 2016 Country Reports on Human Rights Practices - Brazil". Refworld. Retrieved October 7, 2020. Paramilitary forces acting on instructions of wealthy land owners allegedly carried out the attack as a reprisal against the indigenous community for seeking recognition of their land rights.
  23. S2CID 154398518
    .
  24. ^ "Brazil's Landless Workers Rise Up". Dissent Magazine. Retrieved October 7, 2020.
  25. ^ "Indigenous rights in Brazil". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  26. ^ "Brazil Analyzing Violence Against the Amazon's Residents". HumanRightsWatch. May 26, 2020. Retrieved May 26, 2020.
  27. ^ "Refugees in Brazil". State.gov. February 25, 2009. Archived from the original on February 26, 2009. Retrieved October 21, 2010.
  28. ^ Sources: Human Rights Watch, Global Justice, Pastoral Land Commission
  29. ^ "Brazil: UN expert decries erosion of democracy, urges safe space for civil society". OHCHR. Retrieved April 11, 2022.
  30. ^ Brocchetto, Marilia (May 15, 2013). "Brazilian judicial council orders notaries to recognize same-sex marriage". CNN. Retrieved July 11, 2017.
  31. ^ "Brazil Supreme Court awards gay couples new rights". BBC News. May 6, 2011. Retrieved July 11, 2017.
  32. ^ "São Paulo Gay Parade". Retrieved July 11, 2017.
  33. ^ "Censo mostra que o Brasil tem 60 mil casais gay com união estável" (in Brazilian Portuguese). Archived from the original on March 15, 2012. Retrieved July 11, 2017.
  34. ^ "Parada gay de Curitiba com cunho político" (in Brazilian Portuguese). Archived from the original on July 15, 2015. Retrieved July 11, 2017.
  35. ^ "Jovens se mobilizam contra homofobia" (in Brazilian Portuguese). Archived from the original on July 15, 2015. Retrieved July 11, 2017.

Further reading & external links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Human_rights_in_Brazil&oldid=1219163253"