Article 26. International relations and international law
The Dominican Republic is a State member of the international community, open to cooperation and tied to the norms of international law, consequently:
1.It recognizes and applies the norms of international law, general and American, in the method in which its public powers have adopted them;
2.The norms in effect from international ratified agreements shall rule in the internal realm, once published in an official manner;
3.The international relations of the Dominican Republic are based and ruled by the affirmation and promotion of its national values and interests, respect for human rights and international law;
- In equality of conditions with other States, the Dominican Republic accepts an international judicial system that guarantees respect of fundamental rights, peace, justice, and political, social, economic and cultural development of nations. It promises to act on the international, regional, and national levels in a manner compatible with national interests, the peaceful coexistence between peoples and the duties of solidarity with all nations.
- The Dominican Republic shall promote and favor integration with the nations of America, toward the end of strengthening a community of nations that defends the interests of the region. The State may enter into international treaties in order to promote the common development of the nations, that safeguard the well-being of the peoples and the collective security of their inhabitants, and in order to confer supranational organizations the required abilities to participate in processes of integration;
- It declares itself in favor of economic solidarity between the countries of America and supports all initiatives in defense of its basic products, raw materials, and biodiversity.
Article 38. Human dignity
The State bases itself on respect for the dignity of the person and organizes itself for the real and effective protection of the fundamental rights that are inherent to it. The dignity of the human being is sacred, innate, and inviolable; its respect and protection constitute an essential responsibility of the public powers.
Article 40. Right to liberty and personal security
All people have a right to liberty and personal security. Accordingly:
1.No one may be sent to prison or denied his liberty without an order caused and written by the appropriate judge, except in cases of flagrante delicto;
Article 41. Prohibition of slavery
Slavery, serfdom, and the trade and traffic of persons are prohibited in all their forms.
Article 56. Protection of minors
The family, society, and State shall give preference to the superior interests of male and female children and adolescents, and shall have the obligation to assist and protect them in order to guarantee their harmonious and integral development and the full exercise of their fundamental rights, in accordance with this Constitution and the laws. Consequently:
1.The eradication of child labor and all types of mistreatment or violence against minors is declared of the highest national interest. Male and female children and adolescents shall be protected by the State against all forms of abandonment, kidnapping, states of vulnerability, abuse or physical, psychological, moral or sexual abuse, commercial, labor, economic exploitation or risky jobs.
2.The active and progressive participation of male and female children and adolescents in family, community, and social life shall be promoted.
3.Adolescents are active subjects to the process of development. The State, with the participation in solidarity of families and society, shall create opportunities to stimulate their productive movement towards adult life.
Article 62. Right to work
Work is a right, a duty, and a social function that is exercised with the protection and assistance of the State. It is an essential purpose of the State to foment dignified and paid employment. The public powers shall promote the dialogue and agreement between workers, employers, and the State. Consequently:
1.The State guarantees the equality and equity of women and men in the exercise of the right to work.
2.No one may impede the work of others nor obligate them to work against their will.
3.Union freedom, social security, collective negotiation, professional training, respect for one’s physical and intellectual abilities, privacy, and personal dignity are, among others, the basic rights of male and female workers.
4.Union organization is free and democratic, should adjust itself to its statutes, and be compatible with the principles inscribed in this Constitution and the law.
5.All kinds of discrimination in access to employment or during the extension of services are prohibited, excluding the exceptions provided for by law with the goal of protecting the worker
6.In order to resolve peaceful work conflicts, the right of workers to strike and of employers to halt private enterprises are recognized, always that they are exercised with respect to the law, which shall dictate the means to guarantee the maintenance of public services or those of public use
7.The law shall dictate, according to what is required by the general interest, the workdays, the days of rest and vacations, the minimum wage and its forms of payment, the participation of nationals in all work, the participation of workers in the benefits of the business and, in general, all the minimum means that are considered necessary in favor of workers, including special regulations for informal work in the home and any other form of human work. The State shall make use of the means at its disposal so that workers may acquire the tools and instruments that are indispensable to their work.
8.It is the obligation of all employers to guarantee their workers adequate conditions of safety, health standards, hygiene, and work environment. The State shall adopt means to promote the creation of petitions integrated by employers and workers for the attainment of these goals
9.All workers have the right to a wage that is just and sufficient to permit them to live with dignity and cover the basic material, social, andintellectual needs of themselves and their families. The payment of equal wages for work of equal value is guaranteed, without discrimination by gender or of another type and in identical conditions of ability, efficiency, and seniority.
10.The application of labor norms in relation to the nationalization of work is of high interest. The law shall determine the percentage of foreigners that may lend their services to a business as salaried workers
Constitution of the Dominican Republic (PDF)
Article 1.
For the purposes of this law, the following shall be understood to mean:
- a) Trafficking in Persons: The capture, transportation, transfer, reception or reception of persons, using the threat, by force, Coercion, abduction, abuse, abuse of power, or situations of vulnerability or the granting or receipt of payments or benefits to obtain the consent of a person having authority over another for the purpose of exploitation, so that Engages in any form of sexual exploitation, pornography, debt bondage, forced labor or services,
servile marriage, irregular adoption, slavery and / or similar practices, or the extraction of organs;
Article 3.
It is considered passable of the crime of trafficking in persons that through the capture, transport, transfer, reception or reception of persons, Children, adolescents, women, resorting to threat, force, coercion, abduction, fraud, deception, abuse of power, situations of vulnerability, concession or receipt of payments or benefits, to obtain the consent of a person having authority over another, To engage in begging, any kind of sexual exploitation, pornography, forced labor or service, debt bondage, servile marriage, irregular adoption, slavery or similar practices, servitude or the removal of organs, even with the consent of the person Victim, and will be sentenced to 15 to 20 years imprisonment and a fine of 175 minimum wages.
Article 5.
The attempt of the illegal traffic of migrants or trafficking in persons will be punished as the same fact erected in violation.
Article 6.
Those who participate as complicit in the commission of the crime of illegal traffic of migrants and trafficking in persons will be subject to the same penalty imposed on those who are the author or authors of the act.
Article 7.
The following are considered aggravating circumstances of the crime of illicit traffic in migrants or trafficking in persons:
- A) When the death of the person or persons involved or objects of the illegal traffic of migrants or trafficking in persons occurs, Or when the victim is affected by temporary or permanent physical or psychic damage;
- B) When one or more of the perpetrators of the infraction is a public official (s), elected or not, of the central, decentralized, autonomous, or member of the Armed Forces or of the National Police;
- C) In the case of a criminal group that can be defined as national or transnational organized crime, due to the participation in the illegal traffic of migrants or trafficking in persons;
- D) When there are a plurality of aggrieved as a result of the incriminated facts;
- E) If these behaviors are carried out in people who suffer psychological immaturity, or mental disorder, temporary or permanent mental alienation, or are under 18 years of age;
- F) When the responsible is spouse or cohabiting or relative to the third degree of consanguinity, first of affinity;
- G) When the subject or subjects recidivate in the conduct of trafficking in persons and illegal trafficking of migrants;
- H) Any person who creates, alters, produces or falsifies travel documents or identity, furnishes or facilitates the possession of such documents, or who, through said documents, or any other, promotes or obtains for illicit purposes a visa another person.
PARAGRAPH I. - For the aggravating factors indicated in the previous article, a penalty of five (5) years is established, in addition to the main penalty for the crimes described in this law.
PARAGRAPH II.- For the calculation of the fines set forth in this law, the minimum wage established by the competent authority in labor matters shall be used as the basis, at the date that the infraction is committed.
Law No 137-03 on Illicit Traffic in Migrants and Trafficking in Persons (PDF)
Note: Sets the legal minimum age for employment in the Dominican Republic at 14
Article 25. Prohibition of commercialisation, prostitution and pornography.
The commercialisation, prostitution and use of child and adolescent pornography are prohibited.
Paragraph I.- The commercialization of children and adolescents means any act or transaction by which a child or adolescent is transferred by a person or group of persons to another, in exchange for remuneration or any other consideration. To this end, it shall be punishable to offer, deliver, or accept by any means a child or adolescent for the purpose of sexual exploitation, sale and/or use of his or her organs, forced labor, or any other purpose that denigrates the person of the child or adolescent.
Paragraph II - Child prostitution is understood to mean the use of any child or adolescent in sexual activities in exchange for payment or any other form of remuneration.
Paragraph III.- The use of children and adolescents in pornography is understood as any representation, by any means, of children and adolescents engaged in real or simulated explicit sexual activities or any representation of the genital parts of children and adolescents for primarily sexual purposes. It is prescribed a penalty of 20 to 30 years’. imprisonment and a fine.
LAW CHILDREN PROTECTION (PDF)
