Article 9. Of the freedom and of the security of the persons
All persons have the right to be protected in their freedom and in their security.
No one may be obligated to do what the law does not mandate nor be prevented from what it does not prohibit.
Article 10. Of the proscription of slavery and other [forms of] servitude
Slavery, personal servitude, and the trafficking [trata] of the persons are proscribed. The law may establish social responsibilities [cargas] in favor of the State.
Article 11. Of the deprivation of liberty
No one will be deprived of their physical freedom or brought to justice [procesado], except for mediating the causes and within the conditions established by this Constitution and the laws.
Article 13. Of no deprivation of freedom for debts
The deprivation of freedom for debts is not admitted, unless by [a] mandate of the competent judicial authority dictated for non-compliance [incumplimiento] of food supply duties or as a substitution of [payment of] fines [multas] or judicial bails [fianzas].
Article 54. Of the protection of the child
The family, the society, and the State have the obligation of guaranteeing the child his harmonious and complete [integral] development, as well as the full exercise of his rights, protecting him against abandonment, undernourishment, violence, abuse, trafficking, and exploitation.
Any person may demand of the competent authority the fulfillment of such guarantees and the sanction for the offenders [infractores].
In case of conflict, the rights of a child have prevailing character.
Article 86. Of the right to work
All the inhabitant of the Republic have the right to a legal job, freely chosen and to realize it in dignifying and just conditions.
The law will protect work in all its forms and the rights that it grants to the workers are non-renounceable.
Article 90. Of the work of minors
Priority will be given to the rights of working minors to guarantee their normal physical, intellectual and moral development.
Article 91. Of the working days [jornadas] and of resting days
The maximum duration of the ordinary working day will not exceed eight daily hours and 48 weekly hours, of daytime, except those legally established for special motives. The law will establish more favorable working days for the unsanitary, dangerous, painful, [and] night time tasks, or those whose development is in continuous rotating shifts.
The annual leaves of absence and vacations will be remunerated in accordance with the law.
Article 92. Of the remuneration of the work
The workers have right to enjoy a remuneration that assures, them and their families, of a free and dignifying life. The law will consecrate the minimum and mobile living wage [salario vital], the annual year-end bonus [aguinaldo], the family bonuses, the recognition of a superior salary to the basic for hours of [a] unsanitary or risky work, and the extraordinary, night and holiday hours. Basically, equal salary for equal work corresponds.
Article 99. Of compliance with the labor norms
Compliance with the labor norms and those of safety and hygiene at work will be subject to the fiscal control of the authorities created by the law, which will establish the sanctions in the case of their violation.Paraguay Constitution
Article 120. Coercion
1) One who by force or threat seriously constricts another to do, not do or tolerate what he does not want, will be punished with imprisonment of up to two years or a fine.
2) There will be no coercion, under the terms of item 1, when threatened with:
1. the application of legal measures whose implementation is linked to the purpose of the threat;
2. The legal publicity of an irregular situation, in order to eliminate it;
3. with a non-punishable omission, a suicide or other action that does not infringe the legal assets of the threatened, a relative or other person close to him.
3) A fact that will be made to avoid a suicide or a punishable act will not be punishable as coercion.
4) The attempt will also be punished.
5) When the fact is made against a relative, the criminal prosecution will depend on its instance.
Article 121. Serious coercion
A penalty of not less than one hundred and eighty days-a fine or a custodial sentence of up to three years shall apply when coercion will be performed:
1. by threatening danger to life or physical integrity; or
2. considerably abusing a public function.
Article 122. Threat
1) Any person who threatens another with a punishable act against life, against physical integrity or against things of considerable value, or with sexual coercion, in a way apt to alarm, intimidate or reduce his freedom to determine, shall be punished with private punishment Of freedom of up to one year or with a fine.
2) In these cases, the provisions of article 110, paragraph 2 will apply.
Article 124. Deprivation of liberty
1) Whoever deprives another of his freedom, shall be punished with imprisonment of up to three years or with a fine.
2) When the author:
1. to produce a deprivation of liberty for more than a week;
2. abuse his public function considerably; or
3. take advantage of a situation of legal or factual dependence on the victim,
Shall be punished by imprisonment for up to five years. It shall also be punished attempt.
3) When the author deprives another of his freedom to coerce him, under threat of death, serious injury under the terms of Article 112 or with the prolongation of deprivation of liberty for more than a week, to do, not do or tolerate Which he does not want, will be punished with imprisonment for up to eight years.
A. Ruffiancy- Whoever exploits a person engaged in prostitution by taking advantage of his or her earnings shall be punished by imprisonment for up to five years
B. Trafficking in persons for the purpose of sexual exploitation
1º) Induces another to engage in or continue to engage in prostitution or to perform sexual acts referred to in Sub-Clause 10, Paragraph 2;
2º) Recruits another with the intention of inducing him/her to engage in or continue to engage in prostitution or to perform sexual acts as referred to in Sub-Clause 10, paragraph 2.
3. The same penalty shall apply where the victim is
1º) A person under the age of fourteen years; or
2º) Exposed to serious physical abuse or danger to life at the time of the act.
4. The same penalty shall be applicable to anyone who acts commercially or as a member of a gang that has been formed for the purpose of committing the acts referred to in the previous Sub-paragraphs. In this case the provisions of Articles 57 and 94 shall also apply.
The consent given by the victim to any form of exploitation shall not be taken into account when any of the means set forth in this Article have been used.
C. Trafficking in persons for the purpose of labour exploitation
1º) subjects another to slavery, servitude, forced labour or similar conditions or causes him to perform or continue to perform work as specified in sub-paragraph 1 0, paragraph 1;
2º) Recruits another person with the intention of subjecting him/her to slavery, servitude, forced labour or similar conditions or of causing him/her to perform or continue to perform work as described in subparagraph 10, paragraph 1;
3º) Recruitment of another person with the intention of facilitating the non-consensual removal of his organs.
The consent given by the victim to any form of exploitation shall not be taken into account when any of the means set forth in this article have been used
Article 139. Pimping
1) Whoever induces a person to prostitution:
1º) A person under sixteen years of age;
2º) Between sixteen years of age and the age of majority, abusing his or her helplessness, trust or naivety; or
3º) Between sixteen years of age and majority, whose education is in his charge, shall be punished by imprisonment of up to five years or a fine.
2) Where the perpetrator acts commercially, the punishment shall be increased to imprisonment of up to six years. Articles 57 and 94 shall also apply.
3) Where the victim is under fourteen years of age, the penalty shall be increased to imprisonment for up to eight years.
Article 223. Trafficking of minors
1) Any person who exploits the necessity, lightness or inexperience of the holder of the parental authority, for economic consideration, induces the delivery of a child for adoption or a family placement, shall be punished by imprisonment for up to five years. Same penalty will be punished who intervened in the reception of the child.
2) When the author:
1. avoid legal procedures for adoption or family placement;
2. act in order to obtain an economic benefit; or
3. through his / her behavior exposed the child to the danger of sexual or labor exploitation,
The penalty may be increased to imprisonment for up to ten years.
Article 320. War crimes
Whoever, in violation of the rules of international law in time of war, armed conflict or during a military occupation, performs on the civilian population, on the wounded, sick or prisoners of war, acts of
1º. murder or serious injury;
2º. inhumane treatment, including subjection to medical or scientific experimentation;
4º. forced labour;
5º. deprivation of liberty;
6º. coercion to serve in the enemy's armed forces; and
7º. pillage of private property and its deliberate destruction, in particular of heritage items of high economic or cultural value, shall be punishable by imprisonment for a term of not less than five years.
Article 4. Definitions
For the purposes of this Law, it shall be understood as:
7. Sexual exploitation: The obtaining of economic or other benefits through the participation of a person in prostitution, sexual servitude or other sexual services, including pornographic acts or the production of pornographic material.
8. Servitude: The conditions of work or the obligation to work or provide services or both, in which the service provider cannot voluntarily change.
9. Forced labor or service: The one obtained under threat of a sanction and for which the provider of the job or service has not volunteered.
10. Servile Marriage: The one in which the woman or girl without the right to refuse it, is promised or given in marriage for a sum of money, and can be transferred or inherited again by other people.
11. Other similar practices of slavery: Debt-related slavery and serfdom.
12. Economic exploitation of another person: Dependence under coercion in combination with serious and widespread deprivation of fundamental rights.
13. Settlement of land [serfdom]: That condition or situation of a tenant who is bound by law, by custom or by agreement to live and work on land belonging to another person and to provide to it by way of remuneration or gratuitously certain services, With no freedom to change their situation.
14. Debt Slavery: That situation or condition resulting from a promise of a debtor to provide his personal services, or those of a person under his control, as a guarantee of payment of a debt, if the value of those services, reasonably computed, Is not intended for the settlement of the debt or if the duration of those services is not limited and defined.
Article 5. Types of trafficking of persons
1 ° Who, for the purpose of subjecting another to a regime of sexual exploitation; Capture, transport, transfer, receive or receive the direct victim, shall be punished by imprisonment for up to eight years.
2 ° Who, for the purpose of subjecting another to a system of servitude, servile marriage, forced labor or service, slavery or any practice analogous to slavery; Capture, transport, transfer, receive or receive the direct victim, shall be punished by imprisonment for up to eight years.
3 ° Who, for the purpose of subjecting another to the illicit extraction of their organs or tissues; Capture, transport, transfer, receive or receive the direct victim, shall be punished by imprisonment for up to eight years.
Article 6. Incidental circumstances
In the cases of the previous article, the custodial sentence of two to fifteen years will apply when:
1. the direct victim is between fourteen and seventeen years of age inclusive;
2. the author has resorted to the threat or use of force, coercion, abduction, fraud, deceit, abuse of power or the granting of payments or benefits to a person having authority over the direct victim;
3. the author is a public official or commits the act in abuse of a public function; or,
4. For the purpose of trafficking in persons, the direct victim of the territory of Paraguay shall be transferred to a foreign territory or to the national territory.
Article 7. Special aggravating circumstances
In the cases of Article 5 of this Law, the sanction of the previous article may be increased up to twenty years of custodial sentence if:
1. there is more than one aggravating circumstance of Article 8 of this Law;
2. The author was a relative within the fourth degree of consanguinity or by adoption, or second of affinity, spouse, exonerate, concubine or exconcubino, person living together, guardian, curator, education or guardian of the direct victim, minister of a Worship recognized or not;Cohabiting person, guardian, curator, education officer or guardian of the
3. the direct victim is a person up to and including thirteen years of age;
4. as a result of trafficking in persons, the victim will have some result described in Article 112 of the Penal Code;
5. the author and / or participant acts as a member, employee or manager of a commercial transportation company; Job boards, advertising or modeling agencies, scientific research institutes or medical care centers;
6. the author and / or participant will make promotions, offers or auctions for publications in mass media, restricted media or computer networks;
7. the author acts commercially, in accordance with Article 14, paragraph 1, numeral 15 of the Penal Code; or,
8. the perpetrator acts as a member of a gang organized for the continued conduct of trafficking in persons.
Article 8. Obtaining benefits for trafficking
Any person who, without performing the above-described conduct, obtains any kind of economic benefit from the services, work or extraction of organs from a direct victim of any of the events provided for in Article 5 of this Law, shall be punished with penalty Imprisonment for up to five years.Paraguay Trafficking in Persons Law