A/HRC/44/52/Add.2
testimonies. Women and girls with disabilities face additional obstacles to leaving
situations of family violence. While the Organic Law on Health guarantees the right of
everyone to receive medical treatment based on their informed and prior consent and
expressly prohibits forced sterilization, the Special Rapporteur is deeply concerned at
reports that forced sterilization of women with disabilities continues to occur in Ecuador, as
do cases of rape, incest and subsequent forced abortions.
3.
Lesbian, bisexual, transgender and intersex women
91.
Through her interactions with members of the lesbian, bisexual, transgender and
intersex community, the Special Rapporteur learned that, despite the progressive legislation
and jurisprudence in place in Ecuador,25 including a ruling by the Constitutional Court in
May 2018 that a girl born in Ecuador with two British mothers should be registered as an
Ecuadorian citizen and the registry office should record the names of her two mothers, the
prevailing stigma, family pressure and social expectations have led to continuing
discrimination on the basis of sexual orientation. The Special Rapporteur is deeply
concerned at reports suggesting that “de-homosexualization” clinics continue to exist, with
information received indicating that some 65 of these clinics have been in existence at
various stages in Quito over the past 12 years.
H.
Emerging forms of violence against women
92.
Online violence against women and girls is an emerging issue in the country. The
Special Rapporteur recommends that the Government address this new form of violence
against women and girls as a form of gender-based violence interrelated with the broader
framework of discrimination and violence against women and girls. In this regard, she
refers the Government to the recommendations contained in her report on online violence
against women and girls (A/HRC/38/47).
V. Conclusions and recommendations
93.
On the basis of the above findings and in a spirit of cooperation and dialogue,
the Special Rapporteur on violence against women, its causes and consequences, offers
the Government of Ecuador the following recommendations.
94.
The Government should ensure that the Convention on the Elimination of All
Forms of Discrimination against Women, its Optional Protocol, general
recommendation No. 35 of the Committee on the Elimination of Discrimination
against Women and the Committee’s jurisprudence, as well as the Belém do Pará
Convention, are included as an integral part of the professional training of judges,
prosecutors, lawyers, police officers and civil servants in order to ensure their direct
application in line with the Constitution of Ecuador.
95.
Concerning the Comprehensive Organic Law to Prevent and Eradicate
Violence against Women, the Government should:
(a)
Ensure an adequate budget allocation for the full implementation of the
Policy to Prevent Pregnancy in Girls and Adolescents;
(b)
Ensure that the budget allocation for the implementation of the
Comprehensive Organic Law to Prevent and Eradicate Violence against Women is
increased;
25
16
Article 141 of the Criminal Code, which defines femicide, includes reference to killings of women
based on gender identity; article 142 determines aggravating circumstances in this regard; while
articles 151.3 and 177 provide for the criminalization of torture and hate crimes based on gender
identity and sexual orientation.
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