A/HRC/44/52/Add.2
Elimination of All Forms of Discrimination against Women, which provides that States
parties should take all appropriate measures to eliminate discrimination against women in
the field of health care in order to ensure, on the basis of equality between men and women,
access to health-care services, including those related to family planning.
24.
The current definition of rape in article 171 of the Criminal Code is not in line with
international standards. The unacceptable tolerance of rape, including within the criminal
justice system, has resulted in low reporting rates, and even when reported, in low
prosecution rates and impunity for perpetrators. Moreover, force-based definitions of rape
often require evidence that the victim failed to fight back. This essentially requires that
victims resist, risking life or physical integrity to meet the definition of the crime. As such,
the burden is placed on the woman to prove that she resisted. If she is unable to do so, the
perpetrator walks free, while the victim is left stigmatized. The Special Rapporteur
welcomes the decision taken in 2018 to reform the Criminal Code to remove any statute of
limitations for sexual abuse of children and adolescents, in line with the 2018 amendment
to article 46 of the Constitution. She recommends that the same be applied to all cases of
rape.
25.
During her visit, the Special Rapporteur met with some girls aged between 10 and
18 years old. After the meeting, the girls presented her with a “manifesto for a life free from
violence”. In one of the demands in their manifesto, that “girls should not be mothers”, they
noted that “we refuse to be criminalized for taking decisions related to our bodies. They
cannot impose motherhood on us because we have the right to decide whether or not we
want to have children and, if so, when, how many and with whom. The criminalization of
abortion affects the most impoverished adolescent girls and young adult women who are
forced to access unsafe abortion, putting our lives, freedom and health at risk.”
26.
The demands outlined by the girls are fully in line with international human rights
instruments that Ecuador has ratified, including the Convention on the Elimination of All
Forms of Discrimination against Women (art. 16) and the Belém do Pará Convention.
Unfortunately, these standards do not reflect the daily reality faced by these girls and so
many others like them throughout the country.
27.
Women who seek medical attention during obstetric emergencies or who seek
information on abortion are often reported to the police or the prosecutor by doctors and
medical staff, and health services are used to interrogate women, obliging them to
incriminate themselves. This breach of doctor-patient confidentiality adversely affects the
health of women by deterring them from seeking advice and treatment for botched
abortions, even in cases where they have suffered sexual violence.
28.
Another frequent occurrence is the use of conscientious objection by medical
professionals when women seek medical attention related to abortions or emergency
contraception. In 2017, concerns about the prosecutorial role adopted by some health
professionals led the Ministry of Health to publish guidelines for health-care providers,
reminding them of their duty to ensure patient confidentiality and to care for women with
abortion-related complications (E/C.12/ECU/4, para. 190). Nevertheless, in practice these
guidelines are often not followed, resulting in women being denied access to these services
even if they are legally entitled to them.
29.
While recognizing the steps that have been taken to bring the debate surrounding
abortion to the National Assembly, the Special Rapporteur regrets that to date, Ecuador has
not implemented the recommendation of the Committee on the Elimination of
Discrimination against Women to decriminalize abortion (CEDAW/C/ECU/CO/8-9, para.
33). Moreover, the proposed amendments to articles 149 and 150 of the Comprehensive
Criminal Code that would have decriminalized abortion in cases of rape, incest and forced
artificial insemination were rejected by the National Assembly, most recently in September
2019.
30.
During the Special Rapporteur’s visit, the Constitutional Court was considering
proposed revisions to the restrictive definition of abortion in the Comprehensive Criminal
Code and their conformity with the Constitution. The Special Rapporteur had a meeting
with the majority of judges from the Constitutional Court during which they exchanged
views on relevant international standards and jurisprudence in this regard. The Special
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