A/HRC/44/48/Add.1
changes in legislation, policies and practices based on scientific evidence and a human
rights-based approach. Existing legislation should be reviewed to decriminalize abortion
and guarantee the therapeutic interruption of pregnancy through access to services, at the
least when the pregnancy is the result of rape or incest, in cases of fetal impairment and
when the life and health of the mother are in danger. In that respect, the Special Rapporteur
reminds Ecuador of the numerous recommendations made by United Nations human rights
mechanisms, including the Committee on the Elimination of Discrimination against
Women, which recommended that Ecuador “decriminalize abortion in cases of rape, incest
and severe foetal impairment, in line with the Committee’s general recommendation No. 24
on women and health” (CEDAW/C/ECU/CO/8-9, para. 33 (c)).
51.
The Special Rapporteur was informed that the criminalization of women for abortion
in the country occurs primarily in cases of obstetric emergencies arising from an abortion or
home birth, which are treated by the judicial system as abortion by consent, murder or
wrongful death. Women who need health care after a miscarriage or who seek an abortion
are allegedly reported to the authorities by the health-care personnel. In line with the
recommendations of the Committee on the Elimination of Discrimination against Women,
the Special Rapporteur calls on Ecuador to respect the obligation of confidentiality in the
health-care system, adopt evidence-based protocols, develop human rights training for
health-care providers on their obligations to provide legal abortions, particularly on the
grounds of threats to life or physical and mental health, and to respect the privacy and
confidentiality of women who use sexual and reproductive health services (ibid., para. 33
(b)).
Access to modern methods of contraception and family planning
52.
The fertility rate is highest in women with no schooling (4.4), followed by women in
the poorest economic quintile (4.1), indigenous women (4.4) and Afro-Ecuadorian women
(4.0). Indigenous and Afro-Ecuadorian women also had the highest rates of non-use of
contraceptives (30.7 per cent and 34.0 per cent, respectively). 23 Women in rural areas have
more children, especially in the Amazon region. The unmet demand for modern
contraception methods in Ecuador is 7 per cent on average. It is even higher in some
population groups, in particular for indigenous women and Afro-Ecuadorian women. There
seems to be a lack of family planning, as two thirds of pregnancies are unwanted. 24 The
Special Rapporteur was informed that as a result of the budget cuts in the health sector,
there had been no consolidated international purchases of modern contraception methods
for 2019, which could lead to shortages in the short or medium term, with serious
consequences such as an increase in unwanted pregnancies, abortions, obstetric
complications and maternal death. He recommends that the authorities ensure the provision
of quality family planning and counselling, as well as the availability of modern
contraceptive methods, including through increased budgetary allocations.
Access to sexual education
53.
The Special Rapporteur was informed that Ecuador faces significant shortcomings in
the provision of comprehensive sexual and reproductive information and education for
children and adolescents in schools, in families and in other settings. According to
information received, the Ministry of Education does not have a comprehensive sexual
education programme aligned with international standards. In 2019, the Ministry of
Education developed comprehensive sexual education curriculum proposals, including
methodologies and educational materials, within the framework of the national policy of
pregnancy prevention for girls and adolescents for the period 2018–2025. However, those
proposals have not yet been implemented, although it is foreseen that they will be in 2020.
The Special Rapporteur supports these efforts and recommends that age-appropriate,
comprehensive and scientifically accurate education on sexual and reproductive health
should be a compulsory element of the school curriculum.
23
See www.salud.gob.ec/encuesta-nacional-de-salud-y-nutricion-ensanut/.
https://ecuador.unfpa.org/sites/default/files/pub-pdf/PLAN%20NACIONAL%20DE%20SS%20Y%
20SR%202017-2021.pdf and www.salud.gob.ec/encuesta-nacional-de-salud-y-nutricion-ensanut/.
24See
12
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