Experts of the Committee on the Elimination of Discrimination against Women Ask Ecuador about Access to Abortion, and about Women's Role in Public Life
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the tenth periodic report of Ecuador, with Committee Experts asking about women's access to abortion in the country, and questioning the delegation about how its policies and programmes for gender parity in political representation and public life, including the formal economy, were working in practice.
A Committee Expert welcomed the Constitutional Court ruling decriminalising abortion in the case of rape, yet noted that concerns remained. Did Ecuador intend to legalise abortion in cases of incest and cases of foetal impairment, as well as in cases where there was a risk to the life and health of the mother, and to decriminalise it in all other cases? Another Committee Expert asked if Ecuador was ready to draft a national action plan to expedite parity in all sectors of political and public life. Committee Experts said women had much lower earnings from pensions in Ecuador, and they were overrepresented in informal work. What steps were being taken to establish a social protection floor? What specific measures among the many initiatives outlined by the delegation amounted to temporary special measures? Could the delegation give more information about legislative reform imposing quotas in electoral lists?
The delegation of Ecuador detailed national programmes and initiatives aimed at mitigating violence against women, increasing women's representation in political and economic life, and tackling sexual abuse in schools. The COVID-19 pandemic had had a severe effect on society, it was also noted, though Ecuador had found innovative ways to ensure continued access to services through “virtual windows” and an electronic signature system as well as a protocol for having hearings.
María-Bernarda Ordóñez, Secretary for Human Rights of Ecuador and head of the delegation, presenting the report, said the Ecuadorian Government recognised that overcoming gender inequality was a matter of social justice and human rights. The prevention of violence against girls and women was everyone's responsibility, and 16 Ministries were working on specific projects for that purpose. In the context of the COVID-19 pandemic, Ecuador had vaccinated over half the population. The crisis generated by the pandemic had had a negative impact on the employment and working conditions of women in Latin America and the Caribbean, generating a setback of more than a decade in the progress achieved in terms of labour participation.
The delegation of Ecuador was made up of representatives of the Secretariat for Human Rights.
The Committee on the Elimination of Discrimination against Women’s eightieth session is being held from 18 October to 12 November. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. The meeting summary releases prepared on the public meetings of the Committee can be found here. The webcast of the Committee’s public meetings can be accessed at http://webtv.un.org/.
The Committee will next meet at 4 p.m. on Monday, 1 November, to hear a briefing by civil society organizations on Kyrgyzstan, Russian Federation, South Sudan and South Africa, whose reports will be reviewed by the Committee next week.
Report
The Committee has before it the tenth periodic report of Ecuador (CEDAW/C/ECU/10).
Introduction of the Report
MARÍA-BERNARDA ORDÓÑEZ, Secretary of Human Rights of Ecuador and head of the delegation, said the Ecuadorian Government recognised that overcoming gender inequality was a matter of social justice and human rights. The prevention of violence against girls and women was everyone's responsibility, and 16 Ministries were working on specific projects for that purpose. In the context of the COVID-19 pandemic, Ecuador had vaccinated over half the population, and the State also planned to develop a comprehensive response strategy with the collaboration of the Pan American Health Organization. The crisis generated by the COVID-19 pandemic had had a negative impact on the employment and working conditions of women in Latin America and the Caribbean, generating a setback, according to the Economic Commission for Latin America and the Caribbean, of more than a decade in the progress achieved in terms of labour participation.
In 2018, a comprehensive law to prevent and eradicate violence against women was created, along with a national implementation plan. Women's organizations and feminist organizations had demanded an adequate budget for its implementation. Based on that, Ecuador had constructed several projects, including for comprehensive care centres which would provide specialised services to children, adolescents and women. There was progress in management of information on violence against women, with weekly updates of figures on intentional homicides and femicides from data sources produced by the Judiciary Council, the Attorney General's Office and the Ministry of the Interior, among other information sources.
In the area of sexual and reproductive health, a draft law to guarantee the right to voluntary interruption of pregnancy in cases of rape was now with legislators for approval. A roadmap had been designed to update the 2015 Clinical Practice Guide on Therapeutic Abortion to include that mandate. The Ministry of Public Health had formed a technical roundtable for that purpose, which had heard over a dozen cases of abortion requests following rape. As part of reparation measures imposed by the Inter-American Court of Human Rights, and in memory of Paola Guzmán Albarracín, a girl who committed suicide as a result of rape suffered at the hands of the vice-rector of the school she attended, Ecuador had decided to identify and take action to address sexual violence in the educational sphere. In that context, an inter-institutional round table was set up to develop a comprehensive public policy.
Turning to issues of migration, she said regularisation processes for migrants aimed to provide a new opportunity for regular stay and socio-economic integration. A priority in Ecuador was the prevention of violence. It cost the lives of women and also negatively affected the economy. That was why Ecuador had invested in the prevention of violence. Ecuador would be issuing updated data on vaccination - almost all those deprived of liberty and those in protection centres and shelters had been vaccinated. Together, with local governments and with the private sector, gender gaps could be closed. Investing in women meant investing in society.
Questions from a Committee Expert
LETICIA BONIFAZ ALFONZO, Committee Member, asked what was being done to strengthen local systems for protection and access to justice? Was Ecuador paying attention to remote areas and indigenous women, as well as women of African descent? Was Ecuador applying the judicial instructions for protective measures? What was being done to strengthen community ombudspersons? In cases of sexual violence and femicide, how was the police assisted with safeguarding evidence? What was being done for indigenous women, so they were treated well in the justice system?
Replies from the Delegation
The delegation explained that in Ecuador, units for rights protection worked on the rights of girls, boys and adolescents, and on the rights of women. The centres were linked with comprehensive protection services provided for by the Secretariat of Human Rights. Ecuador was developing several strategies, including developing “virtual windows” for justice purposes. Justice officials were given sensitisation training, and more information could be provided in writing. Ecuador was identifying obstacles to be overcome to implement the law as regards violence against women. Municipal governments had greater possibility for local action. As for reconciling indigenous justice and ordinary justice, Ecuador aimed to improve areas for dialogue. The Violeta centres were catalysts for implementing the law.
As for access to justice, and to avoid victimisation, the judiciary had set up chambers with protocols for attention to victims of violence, women and children, and young girls, and to have just one testimony taken. When a woman lodged a complaint, measures were taken to protect her.
Follow-Up Questions from a Committee Expert
LETICIA BONIFAZ ALFONZO, Committee Member, asked for data about how much the “virtual windows” established due to the COVID-19 pandemic were used in rural areas. What were the results of the training process for justice staff and police officers? How was the single register working regarding violence against women?
Follow-up Replies from the Delegation
The delegation explained that the “virtual windows” and an electronic signature system, as well as a protocol for having hearings, had been developed during the COVID-19 pandemic, to guarantee services. Approximately 2,000 cases had been registered making use of the virtual windows. As for the single register of cases of violence, seven institutions were working on that area at the moment; data had been registered with different variables, which had to be harmonised.
Questions from Committee Experts
NICOLE AMELINE, Committee Member, asked whether the special mechanisms set up in 2015 as a vehicle for the implementation of recommendations from the Committee would again be triggered to ensure delivery of follow-up to the concluding observations arising from the present dialogue? Would the mandate of the Ombudsperson be strengthened to bring it into line with the Paris Principles?
ANA PELAEZ NARVAEZ, Committee Vice-Chairperson, asked what specific measures among the many initiatives outlined by the delegation amounted to temporary special measures? Could the delegation give more information about legislative reform imposing quotas in electoral lists? Temporary special measures were a specific category of measures, she noted, asking whether any such measures had been enacted for marginalised groups of women?
Responses from the Delegation
The delegation said that the Human Rights Secretariat was the institution which guided human rights public policy. The State used that Secretariat as a vehicle to ensure gender mainstreaming, and to ensure gender was a cross-cutting issue that was considered in all public policy adoption, ensuring it was pro-woman and pro-girl. That meant, for example, with regard to public transport, that the Ministry of Public Works and the Ministry of Tourism were working on safe routes for women. In practice, it meant having well-lit bus stops, bus routes going past busy places like schools and supermarkets, and ensuring public transport remained cheap and within the reach of women and girls.
Two institutions worked on issues for women's rights and gender equality: the National Council for Gender Equality and the Secretariat for Human Rights. The sub-Secretariat for Diversity was directly charged with working to prevent and eradicate discrimination and violence against the lesbian, gay, bisexual, transgender and intersex population and those with differing gender and sexual identity. The concept of hate crimes existed in the legal system. As for follow-up to concluding observations from the Committee and other United Nations treaty bodies, all the observations and recommendations as well as indicators and progress were uploaded to a single site. With regard to women's political participation, Ecuador enjoyed the meaningful participation of women in politics. A woman from the Amazon was the Speaker of the House. For the first time in the country's history, a woman headed the police force.
Questions from Committee Experts
FRANCELINE TOE BOUDA, Committee Member, asked about the situation for the lesbian, gay, bisexual, transgender and intersex community, noting that there was still homophobia in Ecuadorian society. How did the Violeta centres operate? Were they also shelters? Could indigenous and migrant women benefit from those centres? What measures were taken by the State to put an end to impunity for violence against women?
DALIA LEINARTE, Committee Member, asked the delegation to provide more information about Ecuador's laws against human trafficking. Why had the authorities not prosecuted any cases of forced labour? Noting that prostitution was legal in Ecuador, she asked why the country had large numbers of minors engaged in prostitution?
Responses from the Delegation
The delegation said the Constitutional Court had recently made it possible for there to be voluntary interruption of pregnancy in the case of rape. The Ombudsman's Office was to be involved in drafting a law, but a legislative framework already existed for therapeutic cases and in cases of rape. The Ministry of Health had received 17 cases.
As for the Violeta centres, they brought together all the actors, institutions and stakeholders to provide timely care to women victims of violence. Two centres would soon be inaugurated; one of them would address trafficking and sexual exploitation of women and girls. Ecuador had two borders. Along its northern border, problems arose through trafficking in illicit substances. In the south, illicit weapons were the problem. Related crimes led to trafficking and sexual exploitation.
As regards comprehensive reparations and redress for victims, Ecuador tried to work with aggressors and move toward prevention. A commission investigated cases of sexual abuse in the educational sector, finding that it was a problem; that had led to a public policy against abuse in the classroom.
Follow-Up Questions from Committee Experts
DALIA LEINARTE, Committee Member, asked about minors involved in trafficking. If Ecuador had legalised prostitution, why were minors involved in prostitution?
FRANCELINE TOE BOUDA, Committee Member, asked for more information about the 17 cases of women requesting interruption of pregnancy following rape. Was the population informed about the possibility for such services?
Follow-up Responses from the Delegation
The delegation said one reason why there were minors in prostitution was related to drug trafficking. The problem was being tackled from a multi-sectoral viewpoint, given that economic, social and health ministries needed to be involved. Prostitution was a grey zone in Ecuador, it was neither completely legal nor completely illegal. As for the 17 cases of women seeking abortions, the Health Ministry had processed the requests in accordance with the protocols, which would be provided to the Committee. Three cases had withdrawn their requests and decided not to continue with the procedure. The National Assembly was working on its first report to ensure that standards were applied and made known, as per the Supreme Court of Justice ruling. Eliminating sexual abuse of girls was both a challenge and a priority for Ecuador.
Questions from a Committee Expert
NICOLE AMELINE, Committee Member, asked whether Ecuador was ready to draft a national action plan to expedite parity in all sectors of political and public life, including diplomatic life? Across the world, women were not sufficiently included in public policy programmes; were women fully involved in decision-making in Ecuador?
Responses from the Delegation
The delegation said sanctions were established for judges and justices when there were manifest errors such as in cases of sexual violence against girls and women. As for the implementation of parity between women and men, it was important to move from theory to practice. Training and education were the first step, from primary school level, to do away with gender stereotypes which could lead to violence. The strengthening of women rural leaders was also a feature, as was involving young people. As for feminist diplomacy, the Ministry of Foreign Affairs had very good practices for diplomatic inclusion of women. Concerning refugees, they were provided with legal advice; women in a vulnerable situation could stay temporarily in shelters.
Ecuador was working on a process and strategy to facilitate women's leadership in politics, particularly rural women. Women should work on subjects for women, but also move beyond that, and their work should become more cross-cutting; women tended to work in social areas and welfare. A Parliamentary group dealt with women's rights, where over 20 women from different political parties and tendencies met. Political participation and involvement of women in the political and private spheres enriched society.
Questions from a Committee Expert
LETICIA BONIFAZ ALFONZO, Committee Member, asked about education in Ecuador. Was intercultural education guaranteed through programmes that were pertinent in indigenous communities? Did Ecuador have data showing that violence at school had declined, thanks to the manuals and protocols that had been established? Could the delegation share figures on the trends with the Committee?
Responses from the Delegation
The delegation said that concerning the education of girls and women, the Ministry of Education and the Ministry of Health were working closely together, firstly on the vaccination of children, adolescents and teachers. Programmes for awareness-raising about problems in rural areas were also carried out. Since 2020, Ecuador had spent months with distance education, and was trying to measure the impact of the COVID-19 pandemic on education.
As for sexual abuse in the schoolroom, protocols had been elaborated to have a quicker way for proceeding once a possible case was identified and sent to the authorities.
Several institutions were working on bilingual education. Among peoples and nationalities in the Amazonian area of Ecuador, there were community centres doing outreach for training. Access to education for children and women in Ecuador was fairly equitable. There were some difficulties with formal access to employment, with young and educated women finding it difficult to find jobs. Work to change stereotypes was ongoing.
Questions from a Committee Expert
LETICIA BONIFAZ ALFONZO, Committee Member, asked what happened when cases of sexual abuse in schools went to trial?
Responses from the Delegation
With regard to impunity, most cases of abuse in school were reported to prosecutors, the delegation said. However, there were often delays in judicial procedures. The figures for sexual abuse and harassment in schools were indeed terribly alarming, and Ecuador had responded with a robust public policy. Making people aware of the problem was the first step.
Questions from a Committee Expert
RHODA REDDOCK, Committee Member, asked about the situation of domestic workers, including the situation of undocumented child or teenage workers. Was there a safe and supportive complaint mechanism that workers could appeal to for advice or redress? What mechanisms were in place to educate domestic workers and their employers about their rights and responsibilities? In 2021, an Ecuadorean judge had made a historic ruling that a factory was guilty of modern-day slavery; how could those conditions have continued so long? What was the current status of those workers, and had they received compensation?
Responses from the Delegation
The delegation said that as regards to domestic workers, Ecuador generally speaking recognised the right to social security for care workers, who generally were women. Some calculations had worked out that care work represented one fifth of gross domestic product. Ecuador was working to include care work in the formal economy where it should be duly remunerated.
Follow-Up Questions from a Committee Expert
RHODA REDDOCK, Committee Member, asked for more information about the Action Plan for Human Rights and Business. Was it in preparation, or being considered for preparation? Regarding domestic workers, the delegation had mentioned the “gender equality economy”; was there a larger plan to reconstruct that economy in light of the COVID-19 pandemic? Was a stronger economic base, beyond simply micro-credits, being proposed in terms of women's employment?
Responses from the Delegation
The delegation said an action plan for human rights in the business setting was led by the Ministry of Foreign Affairs. It was intended to go beyond the traditional lens of understanding for corporate social responsibility, and ensure human rights were upheld in sectors with a large workforce, like the textile and floral industries. Initiatives for women in computer programming and science were being led by the Ministry of Communications.
As for the employment situation for unpaid care work and the situation for domestic workers, a data gathering and review exercise had been carried out. A key indicator that had emerged was that if it were to be paid for, it would represent a fifth of gross domestic product. Much care work was just taken for granted.
The “Violet Economy” was the overall umbrella policy plan, and it had three elements: firstly, tax incentives and breaks that appointed women to leadership roles. Secondly, co-responsibility for home and care duties such as parental leave. Thirdly, reduction of the social and economic barriers that prevented women having access to formal employment. A leadership group gathered the private sector, the Chamber of Commerce and the Ministries of Economy and Finance, the Ministry of Labour, the Secretariat for Human Rights, and the Office of the Vice-President to promote the Violet Economy.
Follow-up Questions from a Committee Expert
ANA PELAEZ NARVAEZ, Committee Vice-Chairperson, asked about the situation of Afro-Ecuadorian women who migrated to cities. The situation of rural women was also of interest. What was the State doing to prevent child labour in the extractive industries?
Follow-up Responses from the Delegation
The delegation explained that the Ministry of Labour was responsible for those areas, adding that there were monitoring and oversight functions where these women worked that cooperated closely with the Ombudsperson.
Questions from a Committee Expert
LOUIZA CHALAL, Committee Member, hailed the Constitutional Court ruling decriminalising abortion in the case of rape, yet noted that concerns remained, including the high number of teenage pregnancies. Which steps were being taken by the Ministry of Education to put an end to teenage pregnancy? Compulsory education in sexual and reproductive health in schools needed to be implemented as a priority; were teachers trained in that? Did Ecuador intend to legalise abortion in cases of incest and cases of foetal impairment, as well as in cases where there was a risk to the life and health of the mother, and to decriminalise it in all other cases? Did Ecuador plan to reform its organic law on the health of women with disabilities to reflect a human rights-based approach, and explicitly ban forced sterilisation? Did clinics for de-homosexualisation still exist?
Responses from the Delegation
The delegation said the Healthcare and Education Ministries were working on a sexual and reproductive healthcare policy. The issue of cultural belonging and the intersectoral approach to sexual and reproductive health was important to note. It allowed Ecuador to have approximately 1,800 midwives who had undertaken cultural internships in central areas. Hospitals were intended to offer delivery services that were in step with ancestral and cultural realities.
As for voluntary interruption of pregnancy, it was possible when there was a risk to the life of the woman. As regards teen pregnancy resulting from sexual violence, a protocol existed by which psychological first aid was provided, as well as emergency contraception and anti-retroviral medication. So-called “de-homosexualisation” was prohibited by law. In the past five years, two such centres had been closed. Those were places of torture and cruel and inhumane treatment.
Follow-up Questions from a Committee Expert
LETICIA BONIFAZ ALFONZO, Committee Member, asked if Ecuador planned to open up protection for women undergoing illegal abortions? Was there no possibility for reform in a more general sense?
Follow-up Responses from the Delegation
That debate was actually underway in the National Assembly of Ecuador, the delegation said, which was discussing a draft law submitted by the Ombudsperson. Lawmakers had the authority to create the parameters under which the item would be addressed.
Questions from a Committee Expert
MARION BETHEL, Committee Member, asked what measures were in place to protect the ancestral intellectual property of indigenous women? Women had much lower earnings from pensions in Ecuador, and they were overrepresented in informal work. What were the State benefits for people who were not formally employed? What steps were being taken to establish a social protection floor?
Responses from the Delegation
The delegation said there existed social support through the Ministry of Social Inclusion, which provided various services, including cash transfers to vulnerable and poor individuals. The Violet Economy had a strategy for women to gain access to the formal job market. It was a challenge for women to gain access to the banking sector, as information showed that most women did not have a credit history and so could not obtain loans. However, loan programmes for women existed, including in the private banking sector. As for care work, Ecuador was currently developing an economic bill which would be submitted for discussion. The problem of unpaid work had been invisible for so long. The law on the Violet Economy would study questions of joint care, paternity, and joint parental responsibility. Women did more care work, and that had an impact on their physical and mental health.
Questions from a Committee Expert
ANA PELAEZ NARVAEZ, Committee Vice-Chairperson, asked about the situation of rural women, Afro-descendants, Montubio women and indigenous women. Could the delegation explain how Ecuador was planning to strengthen women's entrepreneurship activities, and ensure that rural women could obtain loans for other than agricultural work? Could the delegation provide more information about the “de-homosexualisation” clinics, about which the Committee continued to receive information?
Responses from the Delegation
The delegation said Ecuador did not want anyone to be left behind, and noted that presently, rural schools that had been closed due to the COVID-19 pandemic were being reopened. The Ministry of Education worked with intercultural and bilingual education, and was currently recruiting from different cultures. Amazonian women had requested to have more health services available, and the Health Ministry was setting up a small health centre in that very remote area. As for persons of African descent and Montubian women, land titles had been granted, and Ecuador was working to reduce poverty and drug trafficking. The Violeta centres would provide comprehensive care from the State.
Concerning forced sterilizations, and the way women with disabilities were treated, an institution was working for the rights of persons with disabilities. Forced sterilization was completely prohibited and was considered a crime. Two cases wherein women were alleged to have been forcibly sterilized were being investigated by the public prosecutor.
Information centres in very remote areas of Ecuador aimed to facilitate communication in rural areas. Another important point Ecuador was working on was related to artisanal activity. Credits were made available for agriculture, livestock raising and other handicraft industries. The protection and promotion of ancestral practices was important, and they could be tapped as a potential for empowerment and livelihood for rural families.
Questions from a Committee Expert
RHODA REDDOCK, Committee Member, thanked the delegation for its robust engagement with the Committee. The Civil Code Reform Act had established the age of marriage at 18 years, yet child marriage remained an issue in Ecuador. Also, what mechanisms existed to ensure more equitable access to land for women in private and communal land systems in Ecuador?
Responses from the Delegation
The delegation explained that Ecuador was one of the first countries to ratify the Inter-American Convention Against All Forms of Discrimination and Intolerance, the first binding instrument in the inter-American system which prohibited discrimination on the grounds of sexual orientation and gender identity. Ecuador had been working to improve custom and practice, and access by women to ownership of property within marital relationships. Civil or common-law partnerships needed to be registered before a notary. The civil registry monitored those norms and standards. There was a significant share of female-headed households. Child marriage was strictly prohibited in Ecuadorian legislation. With regard to children born in wedlock, or in civil partnership unions, work was being done to expand protection to children born in any form of partnership to ensure they were fully rights-holders.
Follow-up Question from a Committee Expert
RHODA REDDOCK, Committee Member, asked about the underlying causes of child marriage; should they not be addressed?
Concluding Remarks
MARÍA-BERNARDA ORDÓÑEZ, Secretary of Human Rights of Ecuador and head of the delegation, thanked the Committee for the dialogue, which had provided an opportunity for Ecuador to reflect on challenges and receive guidance. Follow-up and monitoring for the Convention would be immediately undertaken. The data requested would be provided as quickly as possible. The cause of women's rights was a common cause of humanity.
GLADYS ACOSTA VARGAS, Committee Chairperson, thanked the delegation for the constructive dialogue with the Committee, which had provided further insight into the situation of women and girls in Ecuador. The Committee commended Ecuador for its efforts, and encouraged the country to take all necessary measures to address the various recommendations of the Committee.
CEDAW21.016E