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Latest items for Nepal

Aug. 3, 2019, 6:17 p.m.
Countries: Nepal
Variables: PW-LAW-1, PW-DATA-1

"Although, according to the Chapter on marriage of the Country Code, polygamy is a crime punished by law, it is still widely practiced. Moreover, the law does not invalidate the second marriage itself and allows men to take a second wife under special circumstances. Section 10 of the Country Code states that the second marriage of a man may be recognized if he copes with the provisions set by the law" (para 23)
Aug. 3, 2019, 6:15 p.m.
Countries: Nepal
Variables: IAW-LAW-1, IAD-LAW-1

"Although Article 20(1) of the Constitution states that women are not to be discriminated against on the basis of gender, the Country Code still contains discriminatory provisions as to inheritance and property. For instance, married daughters are not considered in the succession line and unmarried daughters can dispose of only 50 percent of their immovable property on will, while they need the consent of a male guardian for the disposal of the remaining 50 percent. Moreover, a daughter has the right to her mother’s exclusive property only if her father and brother are not alive. Despite Article 20(4) of the Constitution states that sons and daughters have equal rights to...more
Aug. 3, 2019, 6:12 p.m.
Countries: Nepal
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1

"In spite of the cultural differences across the various ethnic and religious groups, generally land passes from father to son in almost all communities. Hindu practices follow patrilineal descent and patrifocal residence systems. Property holders, either the holders of tenancies or the owners of land, are normally patrilineal segments, comprising two or three generations. In most communities, women do not inherit land. When a man dies, his assets are taken over by his brothers - if he has no son, or if his son is not of age - leaving his widow dependent on his patrilineage. Some cultures, however, allow women to inherit land, although they are expected to hold...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: AFE-LAW-1

"The constitution makes basic primary education free and compulsory nationwide. The 2016 Education Act divides the education system into Basic Education (Early Childhood Development and grades one to eight), which is free and compulsory, and Secondary Education (grades nine to 12), which is free but not compulsory. The government reported that during the 2015-16 school year 96.6 percent of school-age children attended primary schools with gender parity" (Pg 28).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: CLCC-LAW-1

"The constitution does not allow women to convey citizenship to their children independent of the citizenship of the child’s father (see section 2.d.) and has no specific provision for naturalization of foreign husbands married to Nepali wives. According to the constitution, citizenship is derived from one Nepali parent, but a child born to a Nepali woman and a foreign citizen father may obtain citizenship only through naturalization. The constitution also states that children of unknown fathers may obtain citizenship through their mothers. Despite a 2011 Supreme Court decision that permits applicants to seek citizenship through either their father or mother, in practice many have been denied citizenship due to lack...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: WR-PRACTICE-2, IAD-PRACTICE-1, IAD-LAW-1

"Dalit women in particular faced discrimination by virtue of their gender and caste status. The law grants women equal shares of their parents’ inheritance and the right to keep their property after marriage, but many women were not aware of their rights, and others were afraid to challenge existing practice. The law also grants widows complete access and authority to the estate of their deceased husbands; however, traditional attitudes stigmatizing and shunning widows persisted, and communities often ignored the law, while the government did not take sufficient measures to enforce it" (Pg 28).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: ISTD-PRACTICE-1

"Societal discrimination and stigma against persons with HIV remained common, according to NGOs. NGOs stated LGBTI persons, persons who injected drugs, and women from disadvantaged groups faced higher levels of discrimination. In the 2016 NDHS, 40 percent of women and 33 percent of men reported discriminatory attitudes towards persons with HIV" (Pg 35).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: LRW-PRACTICE-2, LRCM-PRACTICE-2, DV-PRACTICE-2

"The Office of the Prime Minister and Council of Ministers’ 2011 standard operating procedure for prevention of and response to GBV has led to the establishment of service centers in 17 districts, rehabilitation centers in eight districts, and hospital-based one-stop crisis management centers in 17 districts to provide treatment, protection, and psychosocial and legal support for survivors of GBV. Gender experts say the standard operating procedure has led to improved coordination among police, NHRC, National Women’s Commission, chief district officers, local authorities, community mediation centers, and NGOs working to address violence against women and girls" (Pg 26).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: LR-DATA-1

"The literacy rate for women was approximately 57 percent, compared to 75 percent for men, according to the 2011 census" (Pg 29).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: ERBG-LAW-2, IIP-PRACTICE-2, IIP-LAW-2

"The law allows the top administrative official in a district to impose up to six months’ imprisonment, a maximum fine of NRs 50,000 ($500), or both, against a perpetrator, once a series of internal workplace processes to address a complaint have been exhausted. According to women’s rights activists, the law provides adequate protective measures and compensation for victims, but the penalties are insufficiently severe and the law does not cover the informal sector, where sexual harassment is most common" (Pg 27).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: MURDER-PRACTICE-1

"Traditional beliefs about witchcraft negatively affected rural women, especially widows, the elderly, persons of low economic status, or members of the Dalit caste. Shamans or family members publicly beat and otherwise physically abused alleged witches as part of exorcism ceremonies. Media and NGOs reported numerous cases of such violence, and civil society organizations raised public awareness of the problem. Women, and in some instances men, accused of witchcraft were severely traumatized and suffered physical and mental abuse. In recent years those accused of witchcraft have faced various punishments, including being fed human excreta, being hit with hot spoons in different parts of the body, being forced to touch hot irons...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: CWC-DATA-3

"It is not known what proportion of this population is unable or unwilling to return to their homes. Many remained in camps or informal settlements because they did not hold a title to land and were occupying it illegally when the earthquake occurred. Others stayed because their homes remained vulnerable to or were destroyed by subsequent landslides. In May the government approved a policy to provide approximately NRs 200,000 ($2,000) for the purchase of new land for landless households and those that required relocation due to natural hazards. As a medium-term solution, the government began building community shelters to house multiple families of earthquake-displaced populations. As of August the Ministry...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: AFE-DATA-1

"The constitution makes basic primary education free and compulsory nationwide. The 2016 Education Act divides the education system into Basic Education (Early Childhood Development and grades one to eight), which is free and compulsory, and Secondary Education (grades nine to 12), which is free but not compulsory. The government reported that during the 2015-16 school year 96.6 percent of school-age children attended primary schools with gender parity" (Pg 28). "A gender gap in secondary education, however, persisted, with two-thirds of adolescent girls in rural areas reportedly not attending school" (Pg 29).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: LRCM-LAW-1, LRCM-LAW-2

"In July parliament passed the new criminal code that will not come into effect until 2018. In the meantime the existing law requires prison sentences for rape that vary between five and 15 years depending on the victim’s age. The law also mandates five years’ additional imprisonment in the case of gang rape, rape of pregnant women, or rape of a woman with disabilities. The victim’s compensation depends on the degree of mental and physical abuse. Under the 2015 Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, the sentence for marital rape is three to five years’ imprisonment and the statute of limitations for...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: MARR-PRACTICE-5, MARR-LAW-4

"The constitution criminalizes violence against or oppression of women based on religious, social, or cultural traditions and gives victims the right to compensation. The new criminal code makes the practice of paying dowries illegal and imposes penalties of up to NRs 30,000 ($300), prison sentences of up to three years, or both. The legislation also criminalizes violence committed against one’s spouse in connection to a dowry, imposing fines of up to NRs 50,000 ($500), prison sentences of up to five years, or both. Additionally, the 2015 Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence stipulates that any psychological abuse of women, including asking for...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: ERBG-DATA-1

"Although the law requires equal pay for equal work for men and women, the government did not implement those provisions, particularly in many state industries" (Pg 39).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: SMPP-PRACTICE-1, SMPP-LAW-1

"The practice of 'chhaupadi' (expelling women and girls from their homes during menstruation and sometimes following childbirth, including forcing women and girls to reside in cattle sheds) continued to be a serious problem. Chhaupadi persists despite a 2005 Supreme Court decision outlawing the practice and guidelines on eliminating it issued in 2008 by the Ministry of Women, Children, and Social Welfare. The new criminal code adopted in August formally criminalizes the practice by stipulating a punishment of up to three months’ imprisonment, a maximum fine of NRs 3,000 ($30), or both" (Pg 27).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: CONST-LAW-1

"The Gender Equality Act adopted in 2006--along with more than 60 other laws-- contain discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The law encourages bigamy by allowing men to remarry without divorcing if the first wife is incapacitated or infertile. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of their spouses in property and family affairs, and special opportunities in education, health, and social security" (Pg 28). "The constitution prohibits discrimination on the basis of religion, race, sex, caste, tribe, geographical or social origin, language, marital...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: DV-PRACTICE-1, DV-LAW-1, GP-DATA-5, EWCMS-LAW-4

"Domestic violence against women and girls remained a serious problem. Violence against women and girls, including early and forced marriage, was believed to be one of the major factors responsible for women’s relative poor health, livelihood insecurity, and inadequate social mobilization. Additionally, the practice of early and forced marriage, which remained prevalent, limited girls’ access to education and increased their susceptibility to domestic violence and sexual abuse. The 2009 Domestic Violence (Crime and Punishment) Act allows for settling complaints of domestic violence through mediation with an emphasis on reconciliation. Authorities usually pursued prosecution under the act only when mediation failed. The Nepal Police had women’s cells staffed by female officers...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: CLCW-LAW-2, IIP-PRACTICE-1

"In an attempt to protect women from being trafficked or abused, the government maintained a minimum age of 24 for women traveling overseas for domestic employment. NGOs and human rights activists viewed the age ban as discriminatory and counterproductive because it impelled some women to migrate through informal channels across the Indian border" (Pg 16).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: NGOFW-DATA-1

"For rape cases that were reported, police and the courts were responsive in most cases. Human rights activists outside of Kathmandu, however, expressed concern that police frequently refuse to register cases of gender-based violence (GBV), including occasionally rape cases. These groups report that police often prefer to use mediation rather than criminal investigation to resolve conflicts. According to NGOs police frequently prioritized cases of sexual violence, and the District Court Regulations stipulates that judges should expedite cases of rape, human trafficking, and other violent crimes. Domestic violence against women and girls remained a serious problem. Violence against women and girls, including early and forced marriage, was believed to be one...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: GEW-PRACTICE-1

"In February 2016 the UN reported one allegation of sexual exploitation and abuse against a Nepali peacekeeper in South Sudan for an incident that reportedly involved three adult victims. The complainants accused the peacekeeper of sexual assault and transactional sex. The government continues to investigate the allegation" (Pg 5).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: MARR-PRACTICE-1, MARR-LAW-1, AOM-PRACTICE-1

"Domestic violence against women and girls remained a serious problem. Violence against women and girls, including early and forced marriage, was believed to be one of the major factors responsible for women’s relative poor health, livelihood insecurity, and inadequate social mobilization. Additionally, the practice of early and forced marriage, which remained prevalent, limited girls’ access to education and increased their susceptibility to domestic violence and sexual abuse. The 2009 Domestic Violence (Crime and Punishment) Act allows for settling complaints of domestic violence through mediation with an emphasis on reconciliation. Authorities usually pursued prosecution under the act only when mediation failed. The Nepal Police had women’s cells staffed by female officers...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: ERBG-PRACTICE-1

"The law allows the top administrative official in a district to impose up to six months’ imprisonment, a maximum fine of NRs 50,000 ($500), or both, against a perpetrator, once a series of internal workplace processes to address a complaint have been exhausted. According to women’s rights activists, the law provides adequate protective measures and compensation for victims, but the penalties are insufficiently severe and the law does not cover the informal sector, where sexual harassment is most common" (Pg 27). "Although the law provides protection, women faced systemic discrimination, including in employment (see section 7.d.). Discrimination was most common in rural areas where religious and cultural traditions, lack of...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: LRW-LAW-1, LRW-LAW-2

"In July parliament passed the new criminal code that will not come into effect until 2018. In the meantime the existing law requires prison sentences for rape that vary between five and 15 years depending on the victim’s age. The law also mandates five years’ additional imprisonment in the case of gang rape, rape of pregnant women, or rape of a woman with disabilities. The victim’s compensation depends on the degree of mental and physical abuse. Under the 2015 Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, the sentence for marital rape is three to five years’ imprisonment and the statute of limitations for...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: LO-PRACTICE-1

"In a report published in April, AI stated the government’s reconstruction policies, which require persons to provide land ownership documents to qualify for assistance, have reinforced the marginalization of women, the disadvantaged, and landless groups" (Pg 17). "The Gender Equality Act adopted in 2006--along with more than 60 other laws-- contain discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The law encourages bigamy by allowing men to remarry without divorcing if the first wife is incapacitated or infertile. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: CLCC-PRACTICE-1

"For women and girls to obtain citizenship by descent for themselves, regulations require a married woman to submit a formal attestation from her husband, father, or husband’s family (if widowed) that she qualifies for citizenship and has his or their permission to receive it. This requirement makes a woman’s right to citizenship contingent on her father’s or husband’s cooperation. In many cases husbands refused to provide their wives this attestation. Preventing women from obtaining citizenship documentation precludes their access to the courts and thus their ability to make legal claims to land and other property, which permits the husband or male relatives free to stake their own claims" (Pg 20).more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: LBHO-PRACTICE-1, LBHO-PRACTICE-2, LBHO-PRACTICE-3

"Tradition and relative socioeconomic disadvantage limited the participation of women, some castes, and some ethnic groups in the political process, including as elected officials. The larger political parties had associated women’s wings, youth wings, trade unions, and social organizations. Women, youth, and minorities complained that party leaders, mostly upper-caste men from the central hills, prohibited meaningful political participation despite the existence of certain quotas for participation" (Pg 22).
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: AOM-LAW-1

"The law prohibits marriage for both boys and girls before the age of 20. Families in many areas sometimes forced their young children to marry. Social, economic, and cultural values promoted the practice of early and forced marriages, which was especially common in the Dalit and Madhesi communities. The law sets penalties for violations according to the age of the girls involved in child marriage. The penalty includes both a prison sentence and fine, with the fees collected going to the girl involved. The civil code provides that the government must take action whenever a case of child marriage is filed with authorities. The government worked with local child rights...more
July 19, 2019, 12:22 p.m.
Countries: Nepal
Variables: LBHO-LAW-2

"The constitution mandates that at least one third of all members of the lower house of the federal parliament must be women and requires inclusion of various minority groups in the list of candidates in the 40 percent of seats chosen through a proportional representation system. The constitution also stipulates representation requirements for the upper house of the federal parliament. For the 56 members chosen by an electoral college, the eight members from each of the seven provinces must include at least three women, one member of the Dalit caste, and one person with a disability or member of a minority group. Additionally, of the remaining three members of the...more