A/HRC/44/52/Add.2
84.
Violence against women disproportionately affects women and girls who face
intersecting and multiple forms of discrimination, such as indigenous women, AfroEcuadorian women, Montubio women, lesbian, bisexual, transgender and intersex women,
women with disabilities, migrant and refugee women, women living in rural and remote
areas, and women environmental rights defenders.
1.
Indigenous women, Afro-Ecuadorian women and Montubio women
85.
The 2008 Constitution establishes that Ecuador is an intercultural and plurinational
State, enshrines the direct and immediate enforceability of international human rights
instruments, and recognizes 21 collective rights of the indigenous communes, communities,
peoples and nationalities, and guarantees that the authorities must obtain their free, prior
and informed consent for projects on their lands or that could affect them environmentally
or culturally (art. 57). It also recognizes collective rights for Afro-Ecuadorians (art. 58).
86.
Despite the progressive provisions of the Constitution, Afro-Ecuadorian and
Montubio women continue to face multiple forms of exclusion and discrimination. As a
result, they endure extreme forms of poverty, humiliation and the denial of their social and
economic rights. Their vulnerable economic status, combined with the prevailing
patriarchal values, expose them to various forms of gender-based and sexual violence. They
are also more vulnerable to mistreatment by public and private companies, as they are often
not requested to provide their free, prior and informed consent in decision-making
processes relating to large-scale projects for the exploitation of natural resources.
Moreover, when such projects are carried out, these women are rarely provided with
alternative housing and livelihoods or adequate compensation.
87.
Similarly, indigenous women face intersecting and multiple forms of discrimination
on the grounds of gender and ethnicity, often owing to their low socioeconomic status.
They also face social exclusion, particularly those living in remote areas where language
barriers also hinder integration. Those forms of discrimination and exclusion create
extremely difficult social conditions and manifest themselves in an alarmingly high
prevalence of violence against indigenous women. Indeed, indigenous women continue to
experience higher rates of domestic and family violence and more severe forms of such
violence than other women, particularly those who are defending their territories from
multinational mining and other extractive companies. For women who have experienced
violence at the hands of foreign workers or within their own homes and communities, no
culturally sensitive shelters exist that provide for their protection.
88.
The Special Rapporteur is also concerned at reports suggesting that indigenous
women who are environmental human rights defenders have been targeted, criticized,
threatened, intimidated, subjected to surveillance and harassed, including online, because of
their gender and their work. Documented incidents show that women human rights
defenders, as well as their family members and intimate partners, face reprisals, death
threats, verbal abuse and harassment by State and non-State actors in an attempt to
undermine their work.
2.
Women with disabilities
89.
In line with the Committee on the Rights of Persons with Disabilities
(CRPD/C/ECU/CO/2-3, para. 31), the Special Rapporteur is concerned about the lack of
specific provisions for the prevention of gender-based violence, neglect and abuse directed
at girls and women with disabilities, particularly those with psychological or intellectual
disabilities, Afro-Ecuadorian and Montubio women, indigenous women, and migrant and
refugee women with disabilities in the public and private institutional and other spheres.
90.
The Special Rapporteur received reports that, despite the provisions outlined in the
handbook on the rights of persons with disabilities in accessing justice, compiled by the
National Council for Persons with Disabilities (CONADIS) and the Judicial Council,
women with psychosocial disabilities continue to face significant obstacles to obtaining
access to justice. The prevalent practice of restricting the exercise of legal capacity makes it
impossible for such women to initiate or participate in legal proceedings on their own
behalf, and public officials, because of their prejudices, tend to doubt the credibility of their
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