CAT/C/ECU/CO/7
(c)
Supply updated information on redress and compensation provided to
victims of torture or their families.
Human rights defenders and journalists at risk
43.
While taking note of the scope for protection afforded by the Special Agreement on
the Enforcement of Temporary Precautionary Measures and Urgent Action, the Committee
expresses its concern at reports of acts of harassment and intimidation perpetrated against
human rights defenders, journalists and other members of civil society. The Committee is
also concerned at the extensive powers granted the National Secretariat for Communication
to monitor and disband NGOs by means of executive decrees Nos. 16, of 4 June 2013, and
739, of 21 August 2015 (arts. 13 and 16).
44.
The Committee urges the State party to:
(a)
Ensure that journalists, human rights defenders and other
representatives of civil society are protected from acts of intimidation and violence to
which they may be exposed because of their activities;
(b)
Ensure that all incidents involving threats or attacks directed at
journalists, human rights defenders and members of civil society organizations are
promptly and impartially investigated;
(c)
Take the necessary measures to ensure that human rights NGOs and
other members of civil society can operate freely, and refrain from any unjustified
interference in or restriction of their activities.
Criminalization of voluntary interruption of pregnancy resulting from rape
45.
In view of the high rates of gender-based violence and sexual violence registered in
the country (see CEDAW/C/ECU/CO/8-9, paras. 20 and 21), the Committee is concerned
about the restrictions on abortion that are laid down in the criminal legislation of the State
party, which permits the voluntary interruption of pregnancy only when it endangers the
life or health of the woman and the danger cannot be prevented by other means or when the
pregnancy results from the rape of a woman with a mental disability. The Committee notes
with concern the grave risk that such restrictions present for the health of women victims of
rape who decide to have an abortion and the criminal consequences that may ensue,
including the possibility of a prison sentence for women who undergo an abortion and for
the medical practitioners who perform such operations (arts. 2 and 16).
46.
The Committee recommends that the State party ensure that women victims of
rape who voluntarily decide to terminate their pregnancy have access to safe, legal
abortions.
Abuse and sexual violence against minors in schools
47.
The Committee reiterates its consternation at the persistence of cases of abuse and
sexual violence against minors in schools in Ecuador. While noting the various legislative
and other measures taken by the State party in this regard, the Committee notes with
concern that, between 2012 and 2014, there were 343 complaints of sexual offence in
schools. The Committee regrets that official statistical data on the number of complaints
investigated and the number of prosecutions and convictions in such cases during the period
under review are not available. It is grateful for the information provided by the State
party’s delegation on the sentence handed down in the criminal case against Jorge Glas
Viejó and for the details concerning the proceedings of the Paola Guzmán v. Ecuador case
before the Inter-American Commission on Human Rights. In this regard, the Committee
notes the clear lack of protection for victims from possible reprisals (arts. 2, 12, 13 and 16).
GE.17-00413
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