A/HRC/44/48/Add.1
the Special Rapporteur to conclude that many such persons do not use the health services
for fear of stigma and rejection, which can have negative consequences for the health of the
persons concerned and for society at large.
60.
The Special Rapporteur was informed that so-called dehomosexualization clinics
continue to operate, despite public knowledge of their existence. Lesbian, gay, bisexual and
transgender persons are allegedly placed involuntarily in private centres in which “sexual
reorientation or dehomosexualization therapies” are practised. The Special Rapporteur
deeply regrets such practices, which may amount to ill-treatment, and urges Ecuador to
close such centres immediately. In line with the recommendations of the Committee against
Torture, he recommends that all cases of violence against persons on the basis of sexual
orientation or gender identity should be investigated, with the aim of prosecuting and
punishing the perpetrators of such acts. Awareness-raising activities for the general public
should also be carried out to combat the social stigmatization of lesbian, gay, bisexual and
transgender persons (CAT/C/ECU/CO/7, para. 50).
D.
People living with HIV/AIDS
61.
According to available data, the HIV/AIDS epidemic is concentrated in key
populations: men who have sex with men, women sex workers, persons deprived of their
liberty and transgender women. According to a report done for the Global Fund to Fight
AIDS, Tuberculosis and Malaria, in 2017 it was estimated that over 36,000 people were
living with HIV, of which only 61 per cent knew their HIV status. Of the people living with
HIV, only 57 per cent had access to health services and 53 per cent had received
antiretroviral treatment, of whom 33 per cent had an undetectable viral load. 29
62.
The Special Rapporteur was informed by multiple sources that people with
HIV/AIDS faced stigma and discrimination in society and in general there was little
information, dialogue or training on how to address and overcome this situation. The
Special Rapporteur received information about the lack of antiretroviral medicines in the
health services of the social security system, particularly for lesbian, gay, bisexual and
transgender persons who faced discrimination and rejection by health-care personnel. He
also received information on barriers to accessing HIV testing, owing to attitudinal
prejudices on the part of health-care professionals. The Special Rapporteur recommends
eliminating those and combating the stigma and discrimination faced by persons living with
HIV/AIDS.
E.
Persons with psychosocial, intellectual and cognitive disabilities
63.
The Special Rapporteur heard with concern of cases of women with intellectual
disabilities subjected to forced sterilization without their consent or with the consent of
third parties between 2005 and 2017. According to the information received, sterilization of
women with disabilities is perceived as a natural and necessary procedure, as well as a
means of protecting women from pregnancy in cases of sexual violence. These women are
thus denied their legal capacity and their will is substituted by the decision of third parties.
The Special Rapporteur notes that the 2012 Organic Act on Disabilities does not recognize
the sexual and reproductive rights of persons with disabilities. Such omissions may
reproduce the stereotype that people with disabilities have no sexuality or reproductive
potential. The 2017 manual on sexual and reproductive health care for persons with
disabilities provides that the informed consent process requires, among other elements, the
“capacity to consent”.30 However, in light of article 1463 of the civil code, persons with
intellectual disabilities are considered incapable and thus do not have the capacity to
consent prior to a medical procedure. The Special Rapporteur recalls the recommendations
of the Committee on the Rights of Persons with Disabilities calling on Ecuador to explicitly
recognize the rights of persons with disabilities, including those with intellectual or
29
30
14
See MCP Ecuador, Pharos Global Health Advisors and Bitrán & Asociados, “Ruta crítica del plan de
trabajo para la transición, Ecuador” (April 2019).
See www.salud.gob.ec/wp-content/uploads/downloads/2017/09/manual-ss-discapacidadesFINALWEB-1.pdf.
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