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Duis lobortis massa imperdiet quam. Aenean imperdiet. Phasellus ullamcorper ipsum rutrum nunc. Etiam ut purus mattis mauris sodales aliquam. Sed consequat, leo eget bibendum sodales, augue velit cursus nunc, quis gravida magna mi a libero.

Legal framework

The Constitution of the Kingdom of Cambodia states: The Kingdom of Cambodia recognizes and respects human rights as enshrined in the United Nations Charter, the Universal Declaration of Human rights and all the treaties and conventions related to human rights, women’s rights and children’s rights. Khmer citizens are equal before the law, enjoying the same rights, liberties and duties regardless of race, colour, sex, language, beliefs, religion, political tendencies, birth origin, social status, wealth or other situations. The exercise of personal rights and liberties by any individual shall not adversely affect the rights and freedom of others. The exercise of such rights and liberties shall be in accordance with the law. Article 33, Khmer citizen shall not be deprived of his/her nationality. Article 41, Khmer citizens shall have the freedom to express their personal opinions, the freedom of press, of publication and of assembly. Article 43, Khmer citizens of both sexes shall have the full right of belief. Freedom of belief and religious practice shall be guaranteed by the State. Article 45, All forms of discrimination against women shall be abolished.

https://www.wipo.int/edocs/lexdocs/laws/en/kh/kh009en.pdf

https://cambodia.ohchr.org/sites/default/files/book/CCBHR-E.pdf

Abortion is legal in Cambodia up to twelve weeks of pregnancy under the law of 1997. If the woman seeks an abortion after 12 weeks of pregnancy, it is only allowed under certain conditions: a) if there are chances that the pregnancy/fetus is not developing normally or continuation of the pregnancy poses a threat to the woman’s life b) if the fetus has developed a disease that cannot be cured or c) if the unintended pregnancy is the result of rape. In the above stances, “either 2 or 3” doctors must approve these cases for the abortion to take place. It is mandatory to have the consent or permission from the woman seeking an abortion, for abortion. The abortion can only be carried out by "medical doctors, medical practitioners or midwives" who are authorized from the Ministry of Public Health.

By law, only married couples may adopt in Cambodia. However, local authorities tend to be quite lax, and many same-sex couples have been able to adopt children. LGBT individuals are allowed to adopt.

Article 47, of the Constitution of the Kingdom of Cambodia states, Children shall have the duty to attend to the needs of their aged parents and to take good care of them in accordance with Khmer custom.

Age of Consent is 15 for all sexualities, genders and gender identities.

MSM (Men Who Sleep with Men) are not allowed to donate blood

Article 184 of the Labour code states: For one year from the date of child delivery, mothers who breast-feed their children are entitled to one hour per day during working hours to breast-feed their children. This hour may be divided into two periods of thirty minutes each, one during the morning shift and the other during the afternoon shift. The exact time of breast-feeding is to be agreed between the mother and the employer. If there is no agreement, the periods shall be at the midpoint of each work shift.

Breaks for breastfeeding are separate from and shall not be deducted from normal breaks provided for in the labour law, in internal regulations of the establishment, in collective labour agreements, or in local custom for which other workers in the same category enjoy them.

Currently, Cambodia does not recognize same-sex marriage or civil unions, but does recognise a limited form of recognition ("declaration of family relationship"), which as of May 2018 is only available in 50 communes.

 

Conversion Therapy is not banned in Cambodia

Protection from discrimination in employment is found in Article 12 of Cambodia Labour Law - Except for the provisions fully expressing under this law, or in any other legislative text or regulation protecting women and children, as well as provisions relating to the entry and stay of foreigners, no employer shall consider on account of race, colour, sex, creed, religion, political opinion, birth, social origin, membership of workers' union or the exercise of union activities; To be the invocation in order to make a decision on: hiring, defining and assigning of work, vocational training, advancement.

http://sogi.sithi.org/admin/upload/media/121-htjccec1370826550.pdf


There are no anti-discrimination laws in employment, in the provisions of goods and services and indirect discrimination and hate speech against LGBT people. 

The Protection and the Promotion of Rights for Persons with Disabilities law, covers disability as a protected characteristic and therefore grounds for protection against discrimination.


https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/86089/96925/F217191771/KHM86089%20English.pdf

Article 38, of the Constitution of the Kingdom of Cambodia forbids any physical abuse against any individual.

Wealth and social status is specifically mentioned in the Constitution of the Kingdom of Cambodia as a protected characteristic and therefore grounds for protection against discrimination.

Cambodia’s treaty on the Elimination of Racial Discrimination covers ethnic origin as a protected characteristic and therefore grounds for protection against discrimination.


http://cambodia.ohchr.org/en/treaty-block-sidebar-left/cambodia-and-convention-elimination-racial-discrimination

Article 43, of the Constitution of the Kingdom of Cambodia specifically mentions belief as a protected characteristic and therefore grounds for protection against discrimination.  

Article 45, of the Constitution of the Kingdom of Cambodia states: men and women have equal rights in all fields, especially with respect to those of marriage and family.

Article 31, of the Constitution of the Kingdom of Cambodia specifically mentions sex as a protected characteristic and therefore grounds for protection against discrimination.

Cambodian law does not allow for legal gender changes, nor for sex reassignment surgery

There is no protection for physical integrity or body autonomy in Cambodia, and therefore no protections for intersex people and no possibility for recording a third gender. While traditional cultural tend to be more tolerant in this area, even expressly providing support for people of an intermediate or third gender, LGBT rights legislation has not yet been enacted by the ruling Government.

Article 31, of the Constitution of the Kingdom of Cambodia specifically mentions language as a protected characteristic and therefore grounds for protection against discrimination.

Currently, Cambodia does not recognize marriage. Since September 1993, the Constitution of Cambodia has defined marriage as a union between one man and one woman. The provision in the Constitution related to marriage was modified in 2011 but still defines marriage as between "one husband and one wife.

Article 182 of the Labour code states: women shall be entitled to a maternity leave of ninety days.
After the maternity leave and during the first two months after returning to work, they are only expected to perform light work. The employer is prohibited from laying off women in labour during their maternity leave or at a date when the end of the notice period would fall during the maternity leave.

Maternity leave is paid by the employer to the workers with at least one year of service. Workers are entitled to half their wages, i.e., 50% wages during the maternity leave, along with other benefits (if any).

The Protection and the Promotion of Rights for Persons with Disabilities law, covers mental health / disability as a protected characteristic and therefore grounds for protection against discrimination.

Cambodia’s treaty on the Elimination of Racial Discrimination covers minorities as a protected characteristic and therefore grounds for protection against discrimination.

Cambodia’s treaty on the Elimination of Racial Discrimination, covers Nationality as a protected characteristic and therefore grounds for protection against discrimination.

No specific paternity leave entitlements are found in the Labour Law. However, a worker may request for up to 7 days special leave for personal reasons that affect his immediate family (marriage of an employee or his/her child, birth of a child, illness or death of an employee's husband, wife, children or parents). If an employee has not taken annual leave, this special leave may be deducted from the annual leave. If an employee has already exhausted his/her annual leave, the employer may require him to work longer hours in order to make up for that leave.

Article 31, of the Constitution of the Kingdom of Cambodia specifically mentions Birth origin as a protected characteristic and therefore grounds for protection against discrimination.

 

Article 31, of the Constitution of the Kingdom of Cambodia specifically mentions political tendencies as a protected characteristic and therefore grounds for protection against discrimination.

The Constitution of the Kingdom of Cambodia specifically mentions race as a protected characteristic and therefore grounds for protection against discrimination. The labour code also covers race colour and creed as a protected characteristic and therefore grounds for protection against discrimination.

Article 43, of the Constitution of the Kingdom of Cambodia specifically mentions religion as a protected characteristic and therefore grounds for protection against discrimination.

LGB is not a specific protected characteristic within the Constitution and therefore there are no grounds for protection against discrimination. Lesbian, gay, bisexual, (LGB) persons in Cambodia face legal challenges not experienced by non-LGB residents. Several human rights group, notably the Cambodian Center for Human Rights, CamASEAN and the Rainbow Community Kampuchea, work to reduce LGBT-related discrimination and raise awareness of LGBT people. Through their work, they have persuaded the Government to introduce new LGBT-inclusive education classes in all Cambodian schools and to offer same-sex couples limited legal recognition.

Article 172 of the Labour code states: All forms of sexual violation (harassment) is strictly forbidden.

There is no access to IVF treatment for lesbian, and no commercial surrogacy for gay male couples

Section 1, The right to form a trade union, Article 266, of the labour code states: Workers and employers have, without distinction whatsoever and prior authorisation, the right to form professional organisations of their own choice for the exclusive purpose of studying, promoting the interests, and protecting the rights, as well as the moral and material interests, both collectively and individually, of the persons covered by the organisation's statutes.