Woman laws at Puerto Rico (US)
Here’s an up-to-date, well-rounded breakdown of women’s legal rights in Puerto Rico, including constitutional protections, domestic violence laws, reproductive rights, workplace measures, and landmark milestones.
1. Constitutional & Civil Rights Framework
Puerto Rico’s Constitution—analogous to U.S. law—ensures equal protection, due process, and privacy rights for all residents, including women.
The Civil Rights Commission of Puerto Rico, part of the legislative branch, enforces civil rights protections and can engage with impactful cases as “friend of the court.”.
2. Domestic Violence & Expanded Protections
Act No. 54 (1989) – The foundational law against domestic violence includes civil remedies like protection orders—without needing criminal charges..
Act No. 74 (2023 amendment) – Expands the law's scope to include economic violence (e.g., depriving financial access, interfering with work, hiding assets) now recognized as a form of domestic abuse. Courts may issue protective orders compelling financial transparency or cease workplace interference.
Special Leave Law (2019) – Allows employees up to 15 days of unpaid leave per year to address domestic or gender-based abuse (including child abuse, stalking). Leave is confidential and cannot be retaliated against.
From 2009–2021, nearly 196 women were victims of gender-based killings. In response, Puerto Rico classified femicide and transfemicide as first-degree murders—punishable by up to 99 years—to combat gender violence.
The Judicial Branch runs a Gender Violence Program, offering around-the-clock access to protection orders—via court, virtual filings, or municipal courts..
3. Reproductive Rights & Abortion Access
Abortion is technically allowed, though Puerto Rico operates in a complex legal space: it's “prohibited on request” by statute, but de facto permitted without a fixed gestational limit..
In June 2022, the Senate passed a measure limiting abortion after 22 weeks, with exceptions for life, fetal anomalies, or non-viability. It awaits House approval..
Puerto Rico remains one of the most accessible places for abortion in the Western Hemisphere, but access is challenged: only four clinics serve over 3 million residents, and Medicaid offers minimal coverage.
4. Legal Landmarks & Women's Representation
Herminia Tormes García became the first female lawyer in Puerto Rico (1917) and subsequently the first female judge (1926).
A succession of female legal leaders has followed:
Miriam Naveira: First female Solicitor General (1973), then Supreme Court Justice (1985), later Chief Justice (2003).
Carmen Consuelo Cerezo: First female federal judge in Puerto Rico (1980).
Aida Delgado-Colón: First female federal public defender and later first female Chief Judge of the District Court.
Maite Oronoz Rodríguez: First openly LGBT female Chief Justice of the Puerto Rico Supreme Court (2016).
Gina R. Méndez Miró became the first openly LGBT female judge in U.S. District Court for Puerto Rico (2023).
Summary Table
Domain | Key Protections & Realities |
---|---|
Constitutional Rights | Full equal protection and privacy under law; Civil Rights Commission in place |
Domestic Violence & Abuse | Civil and economic abuse recognized; Special Leave ensures workplace protections |
Femicide/Severe Violence | Upgraded to first-degree murder, enhanced sentencing |
Judicial Support | Gender Violence Program offers accessible protective services |
Reproductive Rights | Abortion effectively permitted; legislative limits proposed; access limited |
Women's Legal Leadership | Strong representation across judiciary, including LGBT pioneers |
In essence, Puerto Rico offers a robust legal foundation for women's rights—spanning domestic violence, privacy, representation, and reproductive access. That said, practical obstacles remain: access in reproductive care, enforcement of domestic protections, and persistent cultural and resource barriers.
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