| Last updated: 21 June 2007 |
Introduction |
El Salvador is a multi-party democratic republic with a unicameral legislature headed by a president. In 2005, voters elected the President of the Nationalist Republican Alliance (ARENA) to a 5-year term. The election, reported as free and fair, was held on the basis of universal suffrage and secret ballot. The President cannot be elected to consecutive terms.
Women have full political rights and were elected to 9 of 84 seats; 22 women serve as alternate legislators. No member of a minority group holds a leadership position. The judiciary is independent in law but is subject to political influence. Research by the Evangelical University of El Salvador concludes that the judicial system is susceptible to political and economic influence. Corruption in the judicial system contributes to impunity. The Supreme Court is investigating more than 300 cases of irregular law diplomas.
Discrimination on the basis of nationality, race or sex is prohibited, but discrimination persists against women, persons with disabilities and indigenous people. Violence against homosexuals is also common.
Some 36.1% of the population lives below the poverty level. The Association for the Search for Children Who Disappeared as a Result of the Armed Conflict (Pro-Busqueda) has investigated 250 cases, leading to 56 family reunification meetings. A national commission, created by executive decree, will continue this search. Some police officers use excessive force, and impunity is a problem.
Freedom of speech and of the press are guaranteed, and journalists freely criticise the government and report opposition views. The absence of laws to protect a journalists' right to confidentiality of sources has been criticised. Access to government information is provided legally, but some information is difficult to obtain. Access to the Internet is not restricted. Trafficking in persons is illegal, but there are reports of women and children trafficked for sexual exploitation to, from or within the country.
An NGO representing homosexuals and transvestites was denied legal status. A programme sponsored by the Netherlands has trained police officers on the rights of homosexuals.
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Education Rights
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Education is compulsory through Grade 9 and tuition-free through high school. On average, children complete 5.5 grade levels. Rural students are denied 9 years of compulsory education due to a lack of schools. They are also withdrawn from school to work. It is illegal to impede children's access to school if parents cannot pay fees or buy uniforms.
In practice schools charge fees, and those unable to pay cannot attend. The Legislative Assembly has modified the law to prohibit fees being charged, and a hotline has been set up for the public to report school administrators who violate the law.
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Early Childhood Education (ECE)
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A 2-year programme begins at age 4. At this level 22% of education is private. The Net Enrolment Rate (NER) is 46%. No statistical information is provided on teachers.
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Primary Education
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Education is compulsory for ages 7 to 15. Primary school begins at age 7 and continues for 6 years. 10% of education at this level is private. The NER is 92%. 7% of students repeat grade levels. Of students who enrol in Grade 1, 70% reach the last grade of primary school.
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 13 and is completed in 6 years. The NER is 48%. 3% of students repeat grades.
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Tertiary/Higher Education
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There are 120,264 students in tertiary institutions, for a Gross Enrolment Rate of 19%. 2,171 students study abroad, mainly in the USA (976), Cuba (566), France (106), Honduras (100) and Chile (85).
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Children with Special Needs
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Access to basic education by persons with disabilities is limited due to a lack of facilities and transportation. Discrimination exists against persons with disabilities in employment and education. The law requires businesses to hire 1 person with disabilities for every 25 employees hired, an increase from the previous requirement of 1 in 50. The unemployment rate among the disabled is reported to be higher than among the general population. Members of the armed forces provide reform school training for incarcerated juveniles.
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Refugee Children
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The law provides for the granting of refugee status in accordance with the definition in the 1951 U.N. Convention Relating to the Status of Refugees and its 1967 Protocol, and the government has established a system for providing protection to refugees. The large numbers of refugees from the decade-long war are mostly resettled, but conditions for some remain difficult because of the devastation caused to people and infrastructure during this period.
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Minorities and Indigenous Peoples
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No national laws have been enacted regarding indigenous rights. Indigenous people make decisions regarding their communal lands. The country has 3 different groups of indigenous people: Nahua-Pipiles, Lencas and Cacaoperas. Most have adopted local customs and assimilated into the general population, but they still earn less than other agricultural labourers. Indigenous women have little access to education and few work opportunities.
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Academic Freedom
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Reports do not indicate restriction of academic freedom.
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Gender Equality
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Women and men the have the same legal rights. But women earn on average $3,350 a year, compared with $7,381 for men, and are largely employed in low-wage occupations such as teaching and nursing. Sexual harassment is prohibited. Pregnancy tests are required by some companies before hiring. All women are entitled to 84 days of maternity leave. Literacy is reported as 79% for women and 85% for men. Teenage pregnancy causes girls to leave school and discontinue their education.
Violence against women is widespread. The law prohibits domestic violence, which is increasingly recognised as a problem and has become a topic for national debate. Trafficking in women and girls for the purpose of sexual exploitation is a problem.
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Child Labour
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The minimum age for employment is 14. For children aged 14 to 16 the workday is limited to 6 hours, while youth under 18 are prohibited from working in occupations considered hazardous. Children 14 or older may receive special permission to work if it is demonstrated that such employment is essential for family support such as in peasant families during planting and harvest. ILO research shows more than 220,000 children aged 5 to 13 work, 30,000 of them in hazardous activities. Up to one-third of sugar cane workers are children under 18.
ILO programmes have helped more than 5,000 children return to school. The Minister of Labour has indicated that 67% of children are engaged in some form of work. Inspection is focused on the formal sector where child labour is rare. A Human Rights Watch report states that thousands of girls as young as age 9 work as domestics, making them vulnerable to physical or sexual abuse. The National Committee against Child Labour reports that 7,000 children have been removed from the worst forms of child labour and returned to school since 1999. UNICEF reports that 10% to 25% of street prostitutes are minors, while an estimated 40% of on-call prostitutes are believed to be minors. Gangs encourage criminal activity by children to take advantage of lower maximum sentences for persons under age 18.
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Trade Union Rights
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Workers have the right to form and join trade unions or associations, except military personnel, police, and civil servants. There are 156 registered unions, 17 federations and 2 confederations. The ILO Committee on Freedom of Association notes that workers are impeded from exercising their right of association. 30% of the country's workforce is unionised. Collective bargaining rights for employees in the private sector and for certain categories of workers in government agencies are in place. The law provides for the right to strike, except for public workers who provide essential services. The ITUC reports problems facing female employees, including mandatory pregnancy tests and firing of pregnant workers. Forced or compulsory labour is prohibited.
The minimum wage is set by executive decree on recommendations from a tripartite committee. The minimum daily wage ranges from US$5.28 to US$5.04 for maquila workers. The agricultural minimum wage remained US$2.47. The minimum wage with benefits does not provide a decent standard of living for a worker and family. The maximum work week is 44 hours.
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