A/HRC/42/43/Add.1 IV. Independent Expert’s main findings A. Discrimination 25. Article 8 of the Constitution of Uruguay establishes that everyone is equal before the law. The national legal framework prohibits any discrimination on the basis of age and guarantees older persons equal and effective legal protection against discrimination on any ground whatsoever. 26. Persons of African descent or Afro-Uruguayans are the country’s largest ethnic and racial minority and account for around 8 per cent of the population. It is estimated that persons of indigenous descent account for 5 per cent of the country’s population (HRI/CORE/URY/2016, para. 2). 8 Persistent structural inequalities and discrimination against Afro-Uruguayans continue to exist, as reflected in the disproportionate levels of poverty and social exclusion among this sector of the population (CERD/C/URY/CO/2123, para. 16). While there is a lack of specific information regarding older indigenous peoples, there are concerns that persons of indigenous origin continue to be subjected to acts of racial discrimination and that stereotypes and prejudice against them continue to persist (ibid., para. 22). 27. Uruguay has taken a number of measures to counter age-based discrimination in employment by means of affirmative action and a specific ban on discriminating against any worker on the grounds of age. It has also made job training available. In addition, it is trying to address ageism and negative stereotyping against older persons and has, for instance, launched “age sensitivity” classes for children, reinforcing the message that older persons are to be revered and cared for. B. Violence, maltreatment and abuse 28. Despite the Government’s efforts, gender violence, including against older women, remains a persistent scourge in Uruguay. Domestic violence is the most frequent crime after theft. According to the Ministry of the Interior, in 2017, 29 women were victims of homicides perpetrated by intimate partners or family members and more than 40,000 complaints of domestic violence were made. 9 29. While there are no representative data concerning elder abuse in Uruguay, according to the Ministry of Social Development, about 500 complaints are received every year from health centres and from alleged victims who live in their own homes. In 2018, the authorities intervened in 146 cases of abuse and maltreatment. 10 The first national survey on the prevalence of gender-based and generational violence, conducted in 2013, indicated that 9.5 per cent of older women had experienced domestic violence. 11 30. The Independent Expert notes the general tendency of underreporting cases of violence and abuse involving older persons. Reasons for underreporting include the intimacy barrier in family relationships, the lack of awareness and the fear that older persons have of reprisals from caregivers. Moreover, collective prejudice against older persons and public awareness influence the way in which abuse and violence is perceived, recognized and reported. 31. The main type of abuse or maltreatment of older persons in Uruguay in intra-familial settings is psychosocial and psychological (in almost half of the cases), followed by negligence and abandonment (over 20 per cent of the cases). Physical abuse occurs in about 8 9 10 11 6 See also https://minorityrights.org/minorities/afro-uruguayans/. United Nations country team submission for the third cycle of the universal periodic review of Uruguay (Informe UNCT URUGUAY–3er ciclo EPU), para. 16. Available from www.ohchr.org/EN/HRBodies/UPR/Pages/UPRUYUNContributionsS32.aspx. See www.mides.gub.uy/innovaportal/file/110121/1/ministerio_de_desarrollo_social_2018.pdf. See www.inmujeres.gub.uy/innovaportal/file/33876/1/resumen_de_encuesta_mides.pdf.