Article 25
Everyone has the right to:
1.individual liberty;
3.recognition of his/her legal personality and capacity.
Article 31
Nicaraguans have the right to circulate and to establish their residence in any part of the national territory, and to freely enter and exit the country.
Article 33
No one may be arbitrarily detained or imprisoned, or be deprived of liberty except in cases determined by law and in accordance with legal procedures. Therefore:
Article 36
All persons shall have the right to have their physical, psychological and moral integrity respected. No one shall be subjected to torture, procedures, punishments, or inhumane, cruel or degrading treatment. Violation of this right constitutes a crime and shall be punished by law.
Article 40.
No one shall be subjected to servitude. Slavery and slave trade in any form are prohibited.
Article 41
No one shall be detained for debts. This principle does not limit the mandates of competent legal authority for the non-fulfillment of alimony duties. It is the duty of all national or foreign citizens to pay their debts.
Article 57
Nicaraguans have the right to work in accordance with their human nature.
Article 72
Marriage and stable de facto unions are protected by the State; they rest on the voluntary agreement between a man and a woman, and may be dissolved by mutual consent or by the shall of one of the parties. The law shall regulate this matter.
Article 80
Work is a right and a social responsibility.
The labor of Nicaraguans is the fundamental means to satisfy the needs of society and of persons, and is the source of the wealth and prosperity of the nation. The State shall strive for full and productive employment of all Nicaraguans under conditions that guarantee the fundamental rights of the person.
Article 82
Workers have the right to working conditions that specifically ensure them:
1.Equal pay for equal work under identical conditions, suitable to their social responsibility, without discrimination for political, religious, racial, gender or any other reasons, which ensure a well-being compatible with human dignity;
2.Being paid in legal tender currency in their work place;
3.The exemption from seizure of the minimum wage and social benefits, except for the protection of their family and in the terms established by law;
4.Work conditions that guarantee physical integrity, health, hygiene and the reduction of professional hazards to make effective the worker’s occupational security;
5.An eight-hour work day, weekly rest, vacations, remuneration for national holidays and a thirteenth month salary, in conformity with the law;
6.Work stability in conformity with the law and equal opportunity to be promoted, limited only by the factors of time, service, capacity, efficiency and responsibility;
7.Social security for integral protection and means of subsistence in cases of incapacitation, old age, professional risks, illness or maternity; and for their relatives in cases of death, in the form and under conditions established by law.
Article 84
Child labor in tasks that can affect their normal development or their obligatory instruction cycle is prohibited. Children and adolescents shall be protected against any form of economic and social exploitation.Nicaragua Constitution
Article 178. Procuring
8 to 10 years imprisonment and 300 to 500 fines shall be punished in any of the following activities:
1) Who exploits the prostitution of others, or takes advantage of or benefits from the sexual exploitation of the same, by any type of activity of a sexual or pornographic nature, even with the consent of the person, to obtain benefit, advantage or benefit for himself or For a third party;
(2) Whoever maintains, leases, administers, directs, finances, supervises or directs a house, place, agency, or by simulating any other establishment to exploit the sexual or other person's prostitution, or who knowingly, Carry out any function, principal or subaltern, in the place where prostitution is practiced;
3) Who carries out the actions of controlling, monitoring, subjecting victims, collecting, receiving or dispossessing of payment, product of exploitation.
Article 179. Aggravated pimping
I. The penalty will be applied between ten and twelve years of imprisonment and of five hundred one days to a thousand days fine in the following cases:
1) When the author or participant of the crime has a relationship of kinship not included in the previous number or superiority, authority, dependence, trust with the victim, subordination or academic or spiritual dependence;
2) When permanently sharing the home with the victim;
3) When deceit, violence, abuse of authority or any form of intimidation or coercion; or
4) When there is a profit spirit.
II. The penalty will be applied between twelve and fifteen years in prison and a fine of one thousand days fines in the following cases:
1) When the author or participant of the crime is worth a relationship of familiarity up to the fourth degree of consanguinity and second of affinity;
2) When the victim is a child, adolescent or person with a disability;
3) When, as a consequence of the crime of pimping, the victim results in a serious damage to physical or psychological health or has acquired an incurable disease, pregnancy, or is forced to perform abortion; or
4) When the author or participant of the crime is a servant or public servant, or works for international organizations or non-governmental organizations whose purpose is related to the topic of care or protection of children, adolescents and women.
Article 182. Trafficking in persons
It commits the offense of trafficking in persons, who organizes, finances, directs, promotes, promotes, promotes, induces, facilitates or who executes direct or indirect recruitment, invites, recruits, contracts, transports, transfers, watches, delivers, receives, retains , Conceals, welcomes or lodges any person for any purpose of prostitution, sexual exploitation, procuring, child pornography, forced marriage or forced marriage or forced marriage, forced labor, forced labor or services, child labor, slavery or practices Illicit extraction of human organs, tissues, cells or fluids or any of its components, unlawful clinical or pharmacological biomedical experimentation, participation in organized criminal activities, use of minors in criminal activities, begging or adoption For such purposes to be exercised within or outside the national territory.
The penalty of ten to fifteen years of imprisonment and a thousand days fine, cancellation of commercial license, final closure of the premises and the confiscation of the movable and immovable assets used and the economic and financial resources obtained.
In no case will the consent of the victim exempt or diminish the criminal responsibility of persons who commit the commission of the crime of trafficking in persons.
Article 182 bis. Aggravating the crime of trafficking in persons
I. The penalty shall be imposed from sixteen to eighteen years and a fine of one thousand days in the following cases:
1) When the offense of trafficking in persons is committed by means of threats, intimidation, kidnapping, blackmail, use of force or other forms of coercion; Y
2) When the perpetrator or participant commits the crime in the exercise of power or in a situation of vulnerability of the victim, when he resorts to fraud, deception, offer of work or any benefit, or the granting or receipt of payments Or benefits to obtain the consent of one person, having authority over another.
II. The penalty shall be imposed from nineteen to twenty years and a fine of one thousand days in cases in which:
1) The victim is a person, girl, child, adolescent or older than sixty years of age; Or is a person from the indigenous or Afro-descendant peoples, a person with a disability, or is committed by a relative, guardian or guardian, responsible for or in charge of education, custody, spiritual guidance,
Leader or religious leader or who permanently shares the victim's home, or a relationship of trust;
(2) Whoever subtracts, offers, delivers, transfers, sells, accepts, acquires or owns, to a child or adolescent, altering or not affiliation, mediation or non-payment, reward or benefit, for any In the crime of trafficking in persons;
3) When the victims in the same act are two or more persons;
4) When the exploitation purposes are two or more of those foreseen in this crime;
(5) When, as a result of the crime of trafficking in persons, the life of the victim is endangered, or the victim is seriously injured, in physical or psychological health, or has acquired a serious or incurable illness, or becomes pregnant or Forced to perform abortion;
6) When the victim is forced or induced to use drugs or results in an addiction condition;
7) When the person who committed or participated in the crime of trafficking in persons has been convicted of committing the same offense abroad; Y
8) When the author or participant of the crime is a servant or public servant or works for international organizations or non-governmental organizations whose purpose is related to the topic of care or protection of children, adolescents and women.
If two or more of the circumstances provided for in this article are met, the maximum penalty shall apply.
If the exploitation purpose has been reached by the same person, the corresponding competition will be applied in accordance with the Code of Criminal Procedure of the Republic of Nicaragua.
Persons who have been convicted of committing the crime of trafficking in persons shall be punished for special disqualification for the same period of the sentence for the exercise of the profession, activity or trade related to the conduct.
Article 182 quater. Provisions common to the crime of procuring and trafficking in persons
Whoever knows that a person is in a situation of sexual exploitation, procuring or dealing with persons, having sexual relations or performing lewd or erotic acts with the victim, shall be punished with the aggravated penalty in one third of the corresponding sexual.
Article 315. Discrimination, servitude, exploitation
Anyone who discriminates on the basis of birth, nationality, political affiliation, race, ethnic origin, sexual orientation, gender, religion, opinion, position, economic, disability, physical condition or any other social condition shall be punished by imprisonment of six months to one year and ninety to one hundred and fifty days fine.
Any person who subjects, reduces or maintains another person in slavery or conditions similar to slavery, forced or compulsory labor, bonded labor, or any other situation contrary to human dignity, in employment, shall be punished by imprisonment of five to eight years.
A sentence of imprisonment of five to eight years and a fine of 150 to 300 days shall be imposed on those who traffick persons for the purpose of subjecting them to activities of labor exploitation, as well as forced recruitment to participate in armed conflicts.
The penalty for the offenses indicated in the preceding paragraphs shall be increased by up to half the maximum limit of the offense in question, when committed:
A) To the detriment of children; or
B) By violence or intimidation.
If both circumstances are present, the penalty shall be increased to three quarters of the maximum limit of the respective offense.
Any person who employs a person under eighteen years of age who is not authorized by law for the purpose of labor exploitation shall be punished with a penalty of two to four years' imprisonment.
Article 494 Sexual crimes.
Anyone who, on the occasion of an international or internal armed conflict, commits acts of rape, sexual slavery, forced prostitution, sexual exploitation, forced pregnancy, forced sterilisation or any other form of sexual violence against a protected person, shall be punished with fifteen to twenty years' imprisonment
Nicaragua Penal Code
