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Panama
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Penal Code, which criminalises selling, transferring or accepting a child in exchange for consideration under article 207. The Constitution also prohibits deprivation of liberty, which is criminalised under article 149 of the Penal Code.
Practices similar to slavery and servitude
There appears to be no legislation in place in Panama which prohibits institutions and practices similar to slavery.
Servitude
There appears to be no legislation in place in Panama which prohibits servitude.
Forced or compulsory labour
Provisions related to forced labour are found in the 2015 Penal Code which criminalises forced labour at article 456D.
Human trafficking
Provisions related to trafficking in persons are found in the 2015 Penal Code which criminalises trafficking under article 456A which criminalises trafficking although requires movement.
Forced marriage
Provisions related to forced marriage in Panama are found in the 2015 Family Code, which addresses marriages concluded by violence, coercion or serious fear at Article 224. The Penal Code also addresses fraudulent or dishonest marriage through hiding an impediment at Article 209, with a potential penalty of imprisonment of one to two years or its equivalent in days-fine or arrest on weekends.
Consent to marriage
Although legislation in Panama does not recognise consent as a strict requirement of marriage, section 26 of the family code 2015 recognises that marriage is based on consent. Section 33 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is under the age of marital capacity.
Servile marriage
There appears to be no legislation in Panama that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Panama are found in the Penal Code 456 A, which prohibits trafficking for forced marriage at article 456 A, with a potential penalty of imprisonment from fifteen to twenty years.
Minimum age for marriage
The minimum age for marriage in Panama is 18, without differentiation by gender, as set out on Article 33 of the 2015 Family Code. Where marriages are conducted involving a person below the minimum age, the marriage is relatively null, as set out on Article 224 of the 2015 Family Code. There are no exceptions allowing marriage below this minimum age.
Region
Latin America and Caribbean
Regional Court
Inter-American Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Inter-American Court of Human Rights
- Organisation of American States
Legislative Provisions
CONSTITUTION OF PANAMA
Article 21
No one may be deprived of his/her liberty except by warrant from a competent authority, issued in accordance with legal formalities, and for reasons previously defined by law. Those executing said order are obliged to give a copy thereof to the person concerned, if he/she requests it.
Article 27
Every person may travel freely throughout the National territory and change domicile, or residence, without restrictions, other than those which the transit, fiscal, health, and immigration laws or regulations may prescribe.
Article 40
Every person is free to exercise any profession or trade, subject to regulations established by law with respect to competence, morality, social welfare and security, professional affiliation, public health, unionization, and compulsory dues.
No taxes or assessments for the exercise of liberal professions, trades, and arts shall be established.
Article 64
Work is a right and duty of the individual and accordingly the State is obliged to devise economic policies to promote full employment, and to ensure to every workman the necessary conditions for a decent existence.
Article 65
Every workman in the service of the State, of public or private enterprises or private persons, is guaranteed a minimum wage or salary. Workers of enterprises specified by law shall share in the profits thereof in accordance with the economic conditions of the country.
Article 70
The maximum work day shall be eight hours, and the labor week up to forty eight hours. The maximum night work shall not be more than seven hours. Overtime shall be paid with surcharge.
The maximum work day may be reduced to six hours per day for those over fourteen and under eighteen. Employment of children under 14, and night work of those under 16, is unlawful, save for the exceptions established by law. Likewise, it is unlawful to employ children under 14 as domestic servants, and to employ children and women in unhealthy occupations.
In addition to a weekly day of rest, all workers shall be entitled to paid vacations.
The weekly day of rest with pay may be established by Law in accordance with social and economic conditions of the country, and for the benefit of workers.Panama Constitution
PENAL CODE (AS AMENDED BY LAW 79 OF 9 NOVEMBER 2011 ON TRAFFICKING IN PERSONS AND RELATED ACTIVITIES)
Article 149.
Any person who unlawfully deprives another of his liberty shall be punished with one to three years of imprisonment or its equivalent in daily fines or weekend arrest. If the imprisonment was ordered or performed by a public servant Abuse their duties, the penalty is two to four years in prison.
Article 157.
Whoever acting or intending to act as an employer, manager, supervitor, contractor, employment agent or client applicant obtains, destroys, conceals, withdraws, holds or possesses a passport or other public document of identification, whether real or falsified, belonging to the Person contracted to render a service, shall be punished with imprisonment of three to five years.
Article 158.
A non-profit person who abducts a minor or an incapable of the power of his parents, guardian or person in charge of their care, upbringing or care, or who improperly retains or withdraws from the country without the authorization of whoever has the homeland Power or the care of this will be punished with imprisonment of three to six years.
Article 203.
For the purposes of the previous article, the following conduct constitutes maltreatment to a minor:
1. Causing, allowing or causing physical, mental or emotional harm, including physical injury caused by corporal punishment.
2. Use or induce him to be used in begging or propaganda or advertising not appropriate for his age.
3. Use it or allow it to be used in work prohibited or endangering his life or health.
4. Give you careless treatment.
Article 206.
Anyone who delivers a child or an unlawful means to a person who is not his or her parent or who is not authorized to receive it shall be sentenced to three to six years in prison.
Article 207.
Whoever sells, offers, transfers, or accepts a child or girl in exchange for remuneration, payment or reward shall be punished by imprisonment for five to ten years.
The same penalty shall apply to anyone who offers, possesses, consents, acquires or induces the sale of a child, child or adolescent for purposes of illegitimate adoption, in violation of the legal instruments applicable to adoption. When the sale, offer, transfer, or acceptance of a child or adolescent is intended for sexual exploitation, extraction of organs, forced labor or servitude, the penalty shall be increased from one-third to one-half of the maximum .
Article 208.
Whoever removes, transfers, retains, or attempts to engage in such conduct in a minor with unlawful means, such as kidnapping, fraudulent or forced consent, delivery or receipt of illicit payments or benefits, in order to obtain parental consent , The persons or institution in charge of the minor, shall be punished with eight to ten years’ imprisonment.
Article 441.
Who generalizes and systematically against a civilian population or knows the following facts and does not prevent them, having the means to do so, will be punished with imprisonment of twenty to thirty years, when the following conduct is caused:
3. Slavery.
5. Serious deprivation of physical liberty in violation of the fundamental guarantees or norms of international law.
7. Sexual violence, sexual slavery, forced prostitution, forced or compulsory Sterilization not consented.
Article 442.
Whoever directs or forms part of an international organization dedicated to trafficking in persons shall be punished with imprisonment of ten to fifteen years.
The same sanction shall be imposed on anyone who intervenes in any way in the traffic of persons, with the consent of these, avoiding or fraudulently evading, in some way, the migration controls established in the continental territory of the Republic.
Article 456-A:
Whoever promotes, directs, organizes, finances, advertises, invites or manages by any means of mass or individual communication or otherwise facilitates the entry or exit of the country or the movement within the national territory of a person Of any sex, to perform one or more acts of prostitution or to subject them to exploitation, sexual or labor bondage, slavery or practices similar to slavery, forced labor or services, servile marriage, begging, unlawful extraction of organs or irregular adoption shall be sanctioned With imprisonment of fifteen to twenty years.
The penalty will be twenty to thirty years imprisonment, when:
1. The victim is a person under age or is in a situation of vulnerability or disability or unable to consent.
2. The victim is used in acts of exhibitionism through photographic means, camcorders or obscene recordings.
3. The act is executed through deceit, coercion, violence, threat, fraud, abduction or retention of passports, migratory documents or personal identification.
4. The act is committed by a close relative, guardian or whoever is in charge of the custody, upbringing, education or instruction of the victim.
5. The fact is committed by a public servant.
Article 456-B.
Whoever, knowingly, destines a movable or immovable property to the commission of the crime described in the previous article will be sanctioned with imprisonment of six to eight years. When the owner, landlord, Holder or administrator of an establishment or commercial premises intended for the public to use or permit to be used for the commission of said crime, shall be punished by eight to twelve years in prison.
Article 456-C:
Whoever possesses, transports, stores, receives, delivers, sells, buys or transports in any way, in an unlawful manner, human organs, tissues or fluids, shall be punished with imprisonment of ten to twelve years.
Article 456-D:
Whoever subjects or maintains persons of any sex to perform work or services under force, deceit, coercion or threat shall be punished with imprisonment for six to ten years. The penalty of imprisonment will be from ten to fifteen years if the victim is a person under age or is in a situation of vulnerability or disability.Panama Trafficking in Persons Law
LABOUR CODE
Article 117.
Work is prohibited:
1. Of the minors who have not reached the age of fourteen.
2. Children under fifteen years of age who have not completed primary education.
CONSTITUTION OF PANAMA 1972 (REV 2004)
Article 57
Marriage is the legal basis of the family. It rests on equality of rights of both spouses and may be dissolved in accordance with the provisions of the law.
Article 58
The de facto union of persons of different sex with the legal capacity to enter into marriage which is sustained for five consecutive years in conditions of single partnership and stability shall produce the full effects of a civil marriage.
To this end, it shall be sufficient the interested parties jointly request the Civil Registrar to register the de facto union. As long as this request has not been made, the marriage may be proved, for the purpose of claiming the rights pertaining thereto, by any of the spouses concerned in accordance with the procedures established by law. However, the Public Ministry, in the interest of morals and of the law, or third persons who assert rights susceptible of being affected by the registration, may object to the registration or challenge it subsequently on the ground that the declaration is contrary to the facts.
Panama Constitution 1972 (Rev 2004) – Constitute Project – English (PDF)
PENAL CODE 2007 (AMENDED 2020)
Article 209.
Those who marry knowing that there is an impediment that causes absolute nullity will be punished with imprisonment from six months to a year or its equivalent in days fine or weekend arrest.
If one of the contracting parties hides from the other that there is an impediment that causes nullity absolute, will be sanctioned with imprisonment of one to two years or its equivalent in days-fine or arrest on weekends.
The same sanction will be applied to whoever simulates marriage with a person, provided that harm third parties.
Article 210.
Who knowing that there is an impediment that causes absolute nullity authorizes the marriage referred to in the previous article, the same sanction as point out that article. If he acts culpably, the sanction will be from fifty to one hundred fifty days penalty fee
Title XV Crimes Against Humanity
Chapter IV Crimes against Trafficking in Persons
* Article 456-A. Whoever promotes, directs, organizes, finances, advertises, invites or manages by any means of individual or mass communication or in any other way facilitates the entry or exit from the country or movement within the national territory of a person from any sex, to carry out one or more acts of prostitution or to subject them to exploitation, sexual or labor servitude, slavery or practices similar to slavery, jobs or services forced, servile marriage, begging, illegal removal of organs or irregular adoption, will be sanctioned with imprisonment of fifteen to twenty years.
The penalty will be from twenty to thirty years in prison, when:
- The victim is a minor or is in a vulnerable situation or disability or unable to consent.
- The victim is used in acts of exhibitionism through photographic means, filming or obscene recordings
- The act is carried out by means of deception, coercion, violence, threat, fraud, theft or retention of passports, immigration documents or personal identification.
- The act is committed by a close relative, guardian or whoever is in charge of the care, upbringing, education or instruction of the victim.
- The act is committed by a public servant.
FAMILY CODE 1994 (AMENDED 2015)
Article 26. Marriage is the union voluntarily arranged between a man and a woman, with legal capacity, who come together to make and share a life in common
Article 33. They cannot marry:
- Persons under eighteen years of age.
Article 35. Marriage is prohibited:
- To persons under eighteen years of age.
Article 36. Marriage celebrated in violation of the prohibitions of the previous article is valid, but the contracting parties, without prejudice to the provisions of the Penal Code, will be subject to the following rules:
- The marriage agreements entered into by the spouses and neither of them may receive anything from the other by donation or inheritance. This rule will not apply in the case of numeral 2 of article 35, if accredits with information, statement or any other means of proof there are no sons or daughters from the previous marriage.
Article 60. The Shahila is the competent authority to celebrate the marriage of the Kunas in the territory of the Comarca de San Blas.
Article 61. This kind of marriage will not have to comply with the formalities of the ordinary or common marriage, nor will it require reading the rights and duties of the spouses.
Article 224. The causes of nullity of marriage are the following:
- The lack of intervention of the authorized official;
- The existence of any impediment mentioned in Articles 33 and 34 of this Code;
- Violence, coercion or serious fear that vitiates consent;
- The error in the identity of the person; Y
- Lack of legitimate representation in marriage by proxy.
Article 225. The nullity of marriage is of two kinds: relative nullity and nullity. absolute.
The relative nullity takes place in the cases of Article 33, except as provided in its numeral 2, and in the cases of numerals 3, 4 and 5 of Article 224.
Absolute nullity proceeds in the case provided for in paragraph 2 of Article 33, in the cases of Article 34 and in the case of numeral 1 of Article 224.
Article 226. Relative nullity can be demanded by the innocent spouse.
It may also be requested by the father or mother or guardian in the case of a minor male of sixteen (16) years and the woman under fourteen (14) years.
In the cases of those who were not in the full exercise of their reason and error in the identity of the person may be presented by either spouse.
Article 227. The absolute nullity of the marriage can be demanded by any person, at the request of an interested party, by the Public Ministry or declared ex officio by the competent court.
Article 228. The action of relative nullity of marriage prescribes in five years counted from the celebration of the marriage, except in cases of impuberty, violence, coercion or serious fear, for which the term will be counted from the date of arrival at the age of puberty or after the violence, coercion or serious fear ceases.
The action for the absolute nullity of the marriage is imprescriptible.