A/HRC/44/48/Add.1
receive adequate information and health education. In the view of the Special Rapporteur,
there is a failure to protect girls and young women who have been victims of sexual abuse
and are then forced to continue high-risk pregnancies and high-risk motherhoods with longlasting impacts on their physical and mental health. In that regard, the Special Rapporteur
recommends enhancing efforts to address early pregnancies as a matter of priority,
including through the implementation of the intersectoral policy for the prevention of child
and adolescent pregnancy (2018–2025).
45.
The Special Rapporteur recalls that violence against women and girls is a human
rights protection issue as well as a public health concern, since it is directly associated with
adverse consequences for the physical and mental health of the women and girls who are
affected. In that regard, he welcomes the recently adopted 2018 Comprehensive Statutory
Law for the Prevention and Eradication of Violence against Women, which establishes a
legal framework for the prevention and elimination of violence against women and girls.
During the visit, the Special Rapporteur was informed that this legal framework is not yet
fully operational. He therefore recommends its full implementation, with the necessary
budget and the participation of all the bodies and sectors involved, including the
administration of justice, the Public Prosecutor’s Office, and the Ministry of Health.
46.
The Special Rapporteur shares the concerns of the Special Rapporteur on violence
against women, its causes and consequences, about information received that suggests that
the budget for 2020 will reduce by 100 per cent the allocation for the implementation of the
intersectoral policy for the prevention of pregnancy of girls and adolescents and by 84 per
cent for implementation of the Comprehensive Statutory Law for the Prevention and
Eradication of Violence against Women. 22 He also agrees that, given the high levels of
violence against women and teenage pregnancies in the country, should this decision be
adopted, it would contribute to the violation of the human rights of women and girls.
Sexual and reproductive health rights
47.
The Special Rapporteur takes note of the national plan on sexual and reproductive
health for the period 2017–2021, but remains concerned at the existing obstacles to the right
to sexual and reproductive health, including the high rate of teenage pregnancies mentioned
earlier; at the barriers to accessing abortion services; at insufficient access to modern
methods of contraception and family planning; and at insufficient comprehensive sexual
and reproductive education and the negative sociocultural patterns of adolescent sexuality
and gender-based violence.
Access to abortion services
48.
The Special Rapporteur recalls that the right to sexual and reproductive health is a
fundamental part of the right to health, which includes access to safe, legal abortion. Access
to safe, legal abortion guarantees the dignity and autonomy of girls and women as elements
of their sexual and reproductive health. If not provided, this has severe negative impacts on
the health of girls and women. Those negative impacts are made worse in cases of
unwanted pregnancies and forced motherhood as a result of sexual violence.
49.
The Special Rapporteur deeply regrets that during his visit, the National Assembly
voted not to decriminalize abortion in cases of rape. Such a decision disproportionately
exposes girls and women to potential time in jail and to extreme mental suffering that may
lead to suicide. The decision of the National Assembly goes against all modern public
health principles and casts doubt on whether there is the political will to improve the health
of women and girls. The Special Rapporteur also regrets that the competent authorities did
not veto the decision.
50.
The evidence shows that criminalizing abortion only leads to clandestine and unsafe
practices and exposes women and girls to additional dangers, violence and stigma that
negatively affect the full enjoyment of their right to health. This is a human rights
protection issue and a public health concern that must be addressed without delay through
22
See preliminary observations and recommendation by the Special Rapporteur on violence against
women on her visit to Ecuador from 29 November to 9 December 2019, available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25405&LangID=E.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents