CONSTITUTION OF THE REPUBLIC OF HONDURAS
Article 69
Personal freedom is inviolable and only in accordance with the laws could be restricted or suspended.
Article 124
Every child must be protected against every form of abandonment, cruelty and exploitation. No child shall be the object of any type of bondage.
No child shall work before reaching an adequate minimum age, nor shall he be permitted to dedicate himself to any occupation or employment that may be prejudicial to his health, education, or serve as an impediment to his physical, mental, or moral development.
The use of minors by their parents or other persons for the purpose of begging is prohibited.
The law shall establish the applicable penalties for those who violate this provision.
Article 127
Every person has the right to work under equitable and satisfactory working conditions, to choose his occupation freely and to give it up, and to protection against unemployment.
Article 128
Laws governing the relations between employers and workers are matters of public order. All acts, stipulations or agreements that involve the waiver, diminution or restriction or evasion of the following guarantees shall be void:
- Regular day work shall not exceed eight hours a day, nor forty-four hours a week.
Regular night work shall not exceed six hours a day or thirty-six hours a week.
Regular combined work shall not exceed seven hours a day or forty-two hours a week.
All work shall be paid for at a salary equivalent to forty-eight hours a week. Overtime work shall be paid for in the manner specified by law.
These provisions shall not apply in those well-defined exceptional cases indicated by law.
- No worker shall be required to perform work that covers more than twelve hours in any period of twenty-four consecutive hours, except in those cases specified by law.
Wages must be paid in legal tender.
- Every worker is entitled to earn a minimum wage fixed periodically by participation of the State, employers and workers, sufficient to meet the normal needs of his home, in both material and cultural matters, in accordance with the standards of each kind of work, the conditions peculiar to each region and type of work, the cost of living, the relative skill of workers, and the pay systems of the enterprises.
A minimum occupational wage shall also be fixed for those activities not wage-regulated by a collective contract or agreement.
The minimum wage shall be exempt from attachment, compensation or discount, except as prescribed by law governing family and trade union obligations of the worker.
- In the facilities of his establishments, the employer must observe and enforce the legal provisions concerning hygiene and health and adopt adequate safety measures in work, which help to prevent occupational hazards and ensure the physical and mental integrity of workers.
Employers in agricultural enterprises are also subject to the same security system. Special protection shall be given to women and minors.
- Minors under sixteen years of age and those above that age who are subject to mandatory education by virtue of national legislation may not be employed in any kind of work.
The labor authorities may authorize their employment when they deem it indispensable for their own support or for the support of their parents or brothers and sisters provided that their working does not hinder their compliance with the requirements of mandatory education.
For minors under seventeen years of age the work period, which must be daytime, may not exceed six hours a day or thirty hours a week, for any kind of work.
Constitution of the Republic of Honduras (PDF)
Article 148.
Incurring in the crime of pimping, who promotes, induces, facilitates, recruits or subjects others in commercial sexual exploitation activities, and shall be punished with imprisonment from six (6) to ten (10) years and Fine of one hundred (100) to two hundred (200) minimum wages.
The above penalties shall be increased by half (1/2) in the following cases:
1) When the victims are persons under the age of eighteen (18);
2) When the active subject takes advantage of his trade, profession or business;
3) When the active subject exercises a relationship of power by reason of trust, kinship or hierarchy on the victim; Y,
4) When the victim is subjected to conditions of servitude or other practices similar to slavery.
Article 192.
Shall be punished with imprisonment of twenty (20) years for deprivation of liberty for life, even if it does not achieve its purpose, who with violence, intimidation, deceit or any other form that vitiates consent, subtracts, retains, Conceal or deprive of any other way of their freedom to one or more persons, for any of the following purposes:
- A) Obtain in exchange for the freedom of the person or persons abducted, money, property, title or other utility or benefit;
- B) Forcing someone to do or stop doing something; Y,
- C) Advertisers or politicians.
Should any of the following circumstances occur, the applicable penalty shall be:
1) Forty (40) years of imprisonment for life imprisonment if the place of death of the abductee will be caused or given;
2) Thirty (30) years of imprisonment for life imprisonment if the abducted person or any other person dies in connection with the rescue process.
If the hijackers quit releasing the victim and have not obtained the claimed price, the applicable sentence will be ten (10) to twenty (20) years imprisonment.
If on the occasion of the release of members of security or any other person involved, it will be applied in number 2 of this Article.
With the same penalty set forth in numeral 2, reducing the minimum penalty by one-third (1/3), those responsible will be punished if, due to the rescue process, the victim or any other person is injured. [88]
Article 193.
Whoever outside the cases provided for in the previous article unfairly deprives another of his or her liberty shall be punished with imprisonment of three (3) to six (6) years. [89]
Article 194.
In addition to those indicated in the general part of this Code, the following shall be aggravating circumstances for the offenses established in articles 192, 193 and 195:
1) When the offense is committed on a minor person, pregnant, physically or mentally disabled or who is over 60 years of age;
2) If the deprivation of liberty lasts for more than twenty four (24) hours;
3) When performed by a person who is or has been a member of the armed forces, the national police or state investigative agency;
4) When committed by pretending to be an authority;
5) When threats or cruel treatment exist for the abducted person; Y,
6) When drugs or any substance that nullifies or weakens their will is applied to the abducted person. [90]
Article 195.
Anyone who traffics with Hondurans or persons of any nationality or origin, leading them or driving them through the national territory, to illegally introduce them to another State for any purpose shall be punished with imprisonment of six (6) to nine (9) years .
The penalty will be increased by one-third (1/3) when those responsible for the crime are employees or public officials.
If, as a consequence of the commission of this offense, taxpayers suffer deprivation of liberty abroad, are victims of crimes of any order or die for violent causes, even accidentally, the penalty referred to in the first paragraph shall be increased In two-thirds (2/3).
Penal Code (PDF)
DECREE NO 59-2012 LAW AGAINST TRAFFICKING IN PERSONS
Article 52 - Trafficking in persons
Trafficking in persons is a crime that facilitates, promotes or executes the training, the reenactment of persons, inside or outside the national territory, to subject them to bondage, slavery or similar practices, work or services Forced or servile marriage, illicit trafficking of organs, human fluids and tissues, sale of persons, commercial sexual exploitation, irregular adoption and recruitment of persons under the age of eighteen for use in criminal activities and will be punished With a penalty of ten to fifteen years of imprisonment, more absolute disqualification or double the timepo that lasts the reclusion and mulla of one hundred fifty to two hundred minimum wages
Decree no.59-2012 Law Against Trafficking in Persons (PDF)
CODE OF CHILDHOOD AND ADOLESCENCE, HONDURAS, 1996
Article 125
a): Persons between the ages of 14 years and 16 years may not perform a work day that exceeds four hours.
Article 125
b): Persons between the ages of 16 years and 18 years may not perform a work day that exceeds six hours.
DECREE NO. 130-2017 ON THE PENAL CODE
Article 219. Human Trafficking
A person shall be punished by imprisonment for a term of five (5) to eight (8) years, who, by using violence, intimidation, deception or, by abusing a situation of superiority or need of the victim or by giving or receiving payments or benefits to achieve the consent of the person in control of the victim, captures, transports, transfers, receives or holds the victim, within or outside the national territory, for any of the following purposes
1) Exploitation in conditions of slavery, servitude, servitude or forced labour, including begging and the engagement in criminal activities;
2) Forced sexual exploitation;
3) Forced or servile marriage or common-law marriage;
4) Causing forced pregnancy;
5) The removal of their organs or body tissues, or of their components derived from them; or,
6) Experimentation for the application of medicines, drugs, substances or techniques clinics.
The consent of the victim is irrelevant when one of the means indicated in the first paragraph of this article has been used.
Even if none of the means indicated in the first paragraph is used, any of the actions indicated shall be considered trafficking in persons when it is carried out with respect to minors under the age of eighteen (18) for any of the intended purposes of exploitation.
Article 220. Aggravating circumstances
The penalty should be increased by one third (1/3) when
any of the following circumstances:
1) The life, physical or psychological integrity or health of the victim is endangered;
2) The victim is particularly vulnerable due to age, illness, disability or is a pregnant woman; or
3) The culprit belongs to an organised criminal group.
In addition to the corresponding prison sentence, absolute disqualification for twice the duration of the prison sentence must be imposed on those who carry out the acts by taking advantage of their status as public officials or employees.
Article 221. Exploitation in conditions of slavery or servitude.
Anyone who, by exercising a power of disposal or control over another person, imposes or keeps that person in a state of continuous submission, forcing him to perform acts, work or provide services, within or outside national territory, shall be punished by imprisonment of six (6) to nine (9) years and a fine of one hundred and fifty (150) to three hundred (300) days.
The reduction to the status of slave or servant for the purposes of this Article shall take place when the situation of subjection is achieved through violence, intimidation, deceit or by abusing a situation of superiority or need of the victim.
The prison sentence shall be increased from one third (1/3) to one half (1/2) when the victim is under eighteen (18) years of age
Article 222. Exploitation of begging.
Anyone who uses a minor under the age of eighteen (18), an elderly person or a disabled person in need of special protection in the practice of begging shall be punished by house arrest for one (1) month to two (2) years or by the provision of public utility services or victims for two hundred (200) to four hundred (400) days.
When violence or intimidation has been used or the victim has been given substances that are harmful to their health or others that have the capacity to weaken their will, the penalty must be imprisonment from two (2) to three (3) years, without prejudice to the application of another provision of this Code if it provides for a greater penalty.
PENAL CODE (PDF)