A/66/44
Committee is particularly concerned about the information on cases in which the victims
have allegedly identified their aggressor among the teaching staff. In this regard, the
Committee is closely following the proceedings of the Paola Guzmán v. Ecuador case,
which was accepted for consideration by the Inter-American Commission on Human Rights
on 17 October 2008 (Report No. 76/18) after an examination of the complaint lodged by the
plaintiffs concerning alleged violations of articles 4, 5, 8, 19, 24 and 25 of the American
Convention on Human Rights. The Committee is also concerned that corporal punishment
is legal within the home (arts. 1, 2, 4 and 16).
The Committee urges the State party, in view of the seriousness of the acts concerned,
to:
(a)
in schools;
Step up its efforts to eradicate abuse and sexual violence against minors
(b)
Take all measures necessary to investigate, bring to trial and punish the
perpetrators of such acts;
(c)
Make available resources to eliminate the persistent pattern of abuse and
sexual violence against minors in educational establishments;
(d)
Make complaints mechanisms available to victims and their families in
educational establishments and other institutions;
(e)
Strengthen awareness-raising and in-service training programmes on the
subject for teaching staff;
(f)
Guarantee that victims have full access to health services specialized in
family planning and the prevention and diagnosis of sexually transmitted diseases. In
addition, the State party should redouble its efforts to provide victims with redress,
including fair and adequate compensation, and the fullest possible rehabilitation;
(g)
Establish a consultative mechanism that involves civil society, including
parents’ associations;
(h)
Expressly prohibit corporal punishment of children in the home.
Lynchings and the actions of the peasant defence networks
(19) While noting that the delegation of the State party has made it plain that the
Ecuadorian State does not promote, support or back the activities of the “peasant defence
networks”, the Committee is concerned at reports that such networks are active in the
maintenance of security in rural areas and that some of their members have perpetrated
abuses. It condemns the recent lynchings in the provinces of Pichincha, Los Ríos, Guayas,
Azuay, Cotopaxi and Chimborazo (arts. 2 and 16).
The State party should:
(a)
Take all necessary steps to improve civilian security in rural areas,
ensuring that State security forces and bodies have a presence throughout the
country;
(b)
Ensure that incidents are investigated and that those responsible are
brought to justice.
Indigenous justice
(20) The Committee takes note of the information from the State party on the preparation
of a draft bill on cooperation and coordination between the indigenous and ordinary justice
systems, setting out, in articles 4 and 19, the principle of reviews for constitutionality. It is
nevertheless concerned that neither the periodic report nor the answers given by the
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