Laos

Legislation

ກົດໝາຍວ່າດ້ວຍ ຄອບຄົວ (ສະບັບປັບປຸງ) (Family Law (Revised)) (2008)


Divorce and dissolution of marriage, Forced and early marriage, Property and inheritance rights

The law defines matrimonial and family relationships and sets out protections of mothers’ and children’s interests in family life and upon divorce. The law establishes that men and women have equal rights in all aspects pertaining to family relationships and have freedom to marry upon reaching the age of marriage. The law provides that marriage should be entered into on the basis of mutual consent. The law prohibits various forms of discrimination against women, such as through polygamy, unequal use of matrimonial properties during a marriage, and unlawful division of matrimonial properties upon divorce. The law states that husband and wife have right to engage in political, economic, cultural, and social activities. It further provides that both husband and wife have joint right to choose place of residence and the respective right to select family name. The law also sets out provisions for divorce. In case of divorce, the Court may order a former husband to pay child support; and when his former wife is sick and unable to meet her own needs, the Court may also order a former husband to pay alimony for a period which shall be less than one year.



ປະມວນກົດໝາຍອາຍາ ມາດຕາ 253, ມາດຕາ 215: ການ​ຄ້າ​ມະ​ນຸດ (Penal Code article 253, article 215: enforced prostitution, human trafficking) (2017)


Sexual violence and rape, Statutory rape or defilement, Trafficking in persons

Any person forcing another person into prostitution is subject to 5-10 years of imprisonment. If the victim is under 18 years old, the offender is subject to 10-20 years of imprisonment. Human trafficking is defined as the recruitment, moving, transfer or harboring of any person within or across national borders by means of deception, threats, use of force, debt bondage or other means, and using such person in forced labor, prostitution, pornography, or other unlawful acts, or removing body organs of such person, or for other unlawful purposes. The offender is subject to 5-15 years of imprisonment. For victims under 18 years old, any of the above-mentioned acts committed against them is deemed to be human trafficking even if there is no deception, threat, use of force, or debt bondage. When the offender is a “regular” human trafficker or in an organized group, the victims are children, there are two or more victims, the victim is a relative of the offender, or any victim suffers serious injury or becomes an invalid or insane, the offender is subject to 15-20 years of imprisonment. If a victim becomes disabled, infected with HIV, or died, the offender is subject to life imprisonment. Fines for human trafficking range from 10 million to 1 billion kip. If the victim is a woman, provisions of the Law on the Development and Protection of Women may be applicable too.



ກົດໝາຍວ່າດ້ວຍ ການພັດທະນາ ແລະ ປົກປ້ອງແມ່ຍິງ (Law on the Development and Protection of Women) (2004)


Domestic and intimate partner violence, Gender discrimination, Sexual harassment, Sexual violence and rape, Statutory rape or defilement, Trafficking in persons

This law sets out the measures for protecting women’s rights, promoting gender equality, development of women (including physical, mental, educational, and professional and skills developments), eliminating gender-based discriminations, and preventing crimes, such as human trafficking and domestic violence, against women. Article 17, Equal Rights in the Family, mandates that women and men have equal rights in all matters concerning family relationships, including equal rights in matrimonial property and inheritance. Part IV, The Protection of Women and Children against Trafficking and Domestic Violence, sets out measures to assist and protect women and children victims of trafficking and domestic violence; duties and obligations of governments and officers, social organizations, individuals, doctors, social workers, or other organizations that discover or receive information concerning a victim; and criminal procedures relating to offenders. Unofficial English translation available from the ILO here.



ປະມວນກົດໝາຍອາຍາ ມາດຕາ 248 ການຂົ່ມຂືນ, ມາດຕາ 252 (Penal Code article 248: rape, article 252: sexual intercourse by force with a female spouse) (2017)


Sexual violence and rape, Statutory rape or defilement

Rape is defined as using force, armed threats, drugs, or other means to coerce sexual intercourse with a woman against her will (where such woman is not the offender’s spouse), and is subject to three to five years of imprisonment. When the victim is between 15 to 18 years old, or is the offender’s dependent or patient, the offender is subject to 5-10 years of imprisonment. When the victim is under 15 years old, the offender committed battery, or the rape resulted the victim’s disability or caused the victim’s death, the offender is subject to 7-15 years of imprisonment. When the victim is also murdered, the offender is subject to 15-20 years of imprisonment, and may be sentenced to life imprisonment or death penalty. Violators are also subject to fines ranging from 5 million to 70 million kip. Attempted rape is also punishable. "Marital rape" through use of force or threats is also punishable by article 252 ("Sexual Intercourse by Force with a Female Spouse"), but separately and differently from other rape offenses. Violators of article 252 may face three months to one year imprisonment or re-education without imprisonment and a fine of 500,000 to 3 million kip. If the rape of a female spouse results in serious injury, the penalties increase to one to five years in prison and a fine of 1 million to 5 million kip. While article 248 includes male victims of rape, article 252's prohibition on marital rape only applies to female spouses. English translation available from the Laos Official Gazette here.



ປະມວນກົດໝາຍອາຍາ ມາດຕາ 201 (Penal Code article 201: unlawful abortion) (2017)


Abortion and reproductive health rights

Anyone caught performing an abortion is subject to two to five years of imprisonment and a fine of 5 million to 15 million kip. Any woman caught performing her own abortion or arranging to have her own abortion done is subject to three months to one year of imprisonment and a fine of 3 million to 10 million kip. If the offender is in the habitual practice of performing abortions, they are subject to five to seven years imprisonment and a fine of 7 million to 20 million kip. The Penal Code also punishes attempted abortions. English translation available from the Laos Official Gazette here.



ປະມວນກົດໝາຍອາຍາ ມາດຕາ 224 ການ ຈຳ ແນກຕໍ່ແມ່ຍິງ (Penal Code article 224: discrimination against women) (2017)


Employment discrimination, Gender discrimination

Discrimination against women or restriction of women’s participation in any political, economic, socio-cultural or family activity based on gender reasons is subject to one to three years of imprisonment. Violators are subject to “public criticism,” “re-education without deprivation of liberty,” or imprisonment of one to three years and a fine of 3 million to 10 million kip. English translation available from the Laos Official Gazette here.