A/HRC/44/52/Add.2
71.
Paola Guzmán was sexually harassed and abused for two years by the vice-principal
of her high school, who offered to provide her with academic assistance on the condition
that she have sexual intercourse with him. At age 16 she became pregnant. The viceprinciple arranged for a school doctor to perform an abortion, but the doctor made this
conditional on Paola agreeing to have sexual relations with him too. Ultimately, Paola
committed suicide by ingesting white phosphorus, and died in December 2002. The
perpetrators have yet to face justice for their actions leading up to Paola’s death.23
72.
In February 2019, the Inter-American Commission on Human Rights concluded that
the State is responsible for violations of Paola Guzmán’s rights to life, personal integrity,
autonomy, private life and dignity, her right to enjoy special protection from the State as a
child, her right to equality and non-discrimination, her rights to education and health, and
her right to live without violence. The Commission submitted the case to the jurisdiction of
the Inter-American Court, given the State’s failure to comply with the recommendations
made in the merits report. The case was tried before the Inter-American Court on 28
January 2020. During the trial, the State apologized for its failure to act and to bring the
perpetrators to justice. The Special Rapporteur welcomes the State’s acknowledgement of
its failure to protect the victim, and urges it to fully implement the recommendations made
by the Inter-American Commission and the Inter-American Court.
73.
The Special Rapporteur considers that the education system must be well prepared
not only to contribute to identifying cases of violence, but also to promoting prevention
strategies. In this regard, effective complaint mechanisms must be put in place and must be
accessible to ensure the rapid protection of victims.
E.
Situation of women in detention
74.
The Special Rapporteur visited the Chillogallo detention centre in Quito, which is
specifically for mothers with children, where she spoke with a number of women and girls
who were incarcerated. Many of them had been victims of multiple and intersecting forms
of violence, sexual assault, trauma and abuse. While noting the availability of an equipped
day-care centre for the children, the Special Rapporteur is concerned that the other facilities
within the detention centre are not conducive to raising young children. There is provision
for a mother and child programme, but the lack of adequate medical care for children and of
an on-site paediatrician is of considerable concern.
75.
The Special Rapporteur was also concerned about the level of overcrowding and the
lack of adequate facilities, such as a separate meeting area for receiving visitors, and access
to health care, particularly psychosocial care, inadequate re-entry programmes to prevent
reoffending and the lack of alternatives to custodial sentences. The Special Rapporteur is
also concerned at reports suggesting that there may be as many as 250 women in prison or
facing criminal charges for voluntary termination of pregnancy.
F.
Situation of migrant and refugee women
76.
The rights to asylum and protection against refoulement are enshrined in the
Constitution (art. 41). The domestic legal framework on asylum seekers and refugees is
primarily governed by the Human Mobility Law (2017), which marked a milestone in terms
of strengthening the legal framework for refugee protection. In October 2019, through
Executive Decree No. 826 of the Ministry of External Relations and Human Mobility, a
protocol was issued for granting temporary residence visas, on humanitarian grounds, to
children and adolescents from the Bolivarian Republic of Venezuela.
77.
Ecuador hosts the largest recognized refugee population in the region. As at January
2020, there were 69,183 persons with refugee status living in Ecuador, 97 per cent of whom
23
Inter-American Commission on Human Rights, Report No. 110/18, case 12,678, merits, Paola del
Rosario Guzmán Albarracín and relatives.
13
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