A/HRC/44/52/Add.2
Rapporteur sincerely hopes that progressive interpretation of the country’s Constitution
combined with adherence to the international human rights instruments to which Ecuador is
party will prevail.
(b)
Comprehensive Organic Law to Prevent and Eradicate Violence against Women
31.
The Comprehensive Organic Law to Prevent and Eradicate Violence against
Women, approved by the National Assembly in 2018, represents an important step in
advancing women’s rights in the country. The Law contains many progressive provisions,
and provides for comprehensive measures on prevention, care, protection and reparation
(art. 1). It refers to all forms of violence against women and girls in all settings, and
provides for a national intersectoral system for its implementation. It recalls, as its
foundation, the international human rights instruments adopted by Ecuador. This includes
the Convention on the Elimination of All Forms of Discrimination against Women, general
recommendations Nos. 19 and 35 on gender-based violence against women of the
Committee on the Elimination of Discrimination against Women, the Beijing Declaration
and Platform for Action, the Belém do Pará Convention and relevant recommendations
from international human rights mechanisms.
32.
As a means of implementing the Comprehensive Organic Law to Prevent and
Eradicate Violence against Women, the Judicial Council agreed to develop an optimization
plan in 2018.5 The aim of the plan is to strengthen specialized judicial units on violence
against women across the country, and to establish a protocol to ensure the provision of
adequate support to victims of such violence.
33.
By 2014, 30 such units had been established in 24 cantons in 19 provinces
(CEDAW/C/ECU/Q/8-9/Add.1, p. 8). During the visit, the Special Rapporteur was
informed that 5 more such units had been established in Azogues, Lago Agrio, Morona,
Francisco de Orellana and Tena. Another 3 were created in El Carmen, Naranjito and on
Santa Cruz in October 2019.6 The Special Rapporteur believes that the establishment of
such units in all provinces is crucial for the full implementation of the Law.
34.
The Comprehensive Organic Law to Prevent and Eradicate Violence against Women
also provides for the establishment of a national observatory on gender-based violence
against women (art. 16 (2)). It should be responsible for the preparation of reports, studies
and proposals to improve decision-making, and should ensure the effective implementation
of the Law. At the time of drafting of the present report, the observatory was yet to be
established.
35.
The Special Rapporteur notes that the single registry on violence against women and
the early warning system referred to in the Law are promising initiatives. Nevertheless,
structural problems at the local level and the lack of proper coordination between the
police, the judiciary, social services, the health-care system and other stakeholders, as well
as the lack of training in applying the Law, could pose significant obstacles to their
establishment.
36.
The main challenge now is to ensure that the Comprehensive Organic Law to
Prevent and Eradicate Violence against Women is fully implemented at all levels. Steps
must therefore be taken to accelerate its effective implementation, including through
adequate budgetary allocation, particularly at the provincial and local levels.
(c)
National plan
37.
Article 19 (3) of the Comprehensive Organic Law to Prevent and Eradicate Violence
against Women provides for the development of a national plan to prevent and eradicate
violence against women, girls and adolescents, while article 19 (4) envisages the adoption
of strategies to prevent and eradicate violence against women. During the visit, the Special
Rapporteur was informed that they had not yet been adopted.
5
6
Pursuant to its resolution No. 052A-2018 of 23 August 2018.
Report submitted to the Special Rapporteur by the Council of the Judiciary during the visit.
7
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