ECUADOR: Children's Rights in UN Treaty Body Reports

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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

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UN Human Rights Committee

(CCPR/C/ECU/CO/5)

Last reported: 19 & 20 October 2009
Concluding Observations issued: 4 November 2009

Concerns raised:

  • the high number of cases of violence against women and girls and the high level of sexual abuse and harassment against girls in schools. The Committee urges the State to take the necessary measures to:

    - Investigate and punish offenders;
    - Ensure effective access to justice for the victims of sexual violence;
    - Grant police protection to victims, and establish shelters for victims of violence;
    - Provide an educational environment free of discrimination and violence through awareness-raising campaigns and the training of educational personnel and students;
    - Take preventative and awareness-raising measures to counter gender violence, such as the provision of training for police officers on women's rights and gender violence. (paragraph 9)

  • the high rate of illiteracy among girls living in rural areas. The Committee urges the state to redouble its efforts to eradicate illiteracy, particularly among girls living in rural areas. (paragraph 11)
  • that corporal punishment traditionally continues to be accepted and practised as a form of discipline in the family and other contexts. The Committee recommends that the State encourage non-violent forms of discipline as alternatives to corporal punishment in the education system, and conduct public information campaigns to explain its harmful effects. (paragraph 14)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/ECU/CO/3
Last reported: 14 / 15 November 2012
Concluding Observations issued: 13 December 2012

Issues raised:

Sexual violence: The Committee is deeply concerned about the sexual violence and exploitation to which girls and women are being subjected. It is particularly concerned about the sexual abuse committed in schools and the limited results yielded by judicial investigations whose purpose is to identify the responsible parties and lead to the imposition of the corresponding criminal sanctions. The Committee is also concerned that disaggregated information on the age and sex of victims and on whether they live in rural or urban areas has not been forthcoming from the State party. The Committee takes note of the State party’s announcement regarding the agreement that is to be signed by the Ministry of Education and the Attorney General’s Office under which criminal investigations into suspected cases of sexual violence will be initiated ex officio. Paragraph 21.

The Committee recommends that the State party step up its efforts to combat gender-based violence through prevention programmes and mechanisms for the protection of women, giving due consideration to the input that can be provided by women and women’s organizations. It urges the State party to assign priority to investigations into cases of sexual violence and abuse in schools, to allocate the necessary budgetary funds for centres that deal with various forms of violence, exploitation and abuse, and to develop prevention programmes and programmes to provide mental health and psychosocial services for victims. The Committee recommends that the State party take steps to ensure that perpetrators of sexual violence are never again allowed to engage in activities involving children or adolescents. The Committee requests the State party to include statistics in its next periodic report that are disaggregated by age, sex and geographic location of the victims of such violence.

Child labour: While noting that progress has been made in reducing the number of child workers and that the minimum legal working age has been raised to 15 years, the Committee reiterates its concern about the persistence of child labour in the State party. In particular, it notes with concern that the poverty of rural households and limited access to a secondary education increase the risk of child labour. Paragraph 22.

The Committee encourages the State party to redouble its efforts to combat the problem of child labour by means of an emergency plan that will incorporate suitable mechanisms for tracking its results in different regions and in the various sectors of the economy. It urges the State party to conduct systematic labour inspections and to implement public policies aimed at reducing the vulnerability of children and young people in rural and urban areas and promoting full access to secondary school.

Health: The Committee notes with deep concern that child malnutrition remains a problem in the State party, with the rate of child malnutrition standing at 26 per cent despite the efforts made to reduce it. Malnutrition is most common among indigenous children, who have twice as high a rate of chronic malnutrition as non-indigenous children do. The rate is as high as 50 per cent in areas such as the Andean highlands, where vitamin A and iron deficiencies are prevalent. Paragraph 24.

The Committee recommends that the State party work with civil society to draw up municipal maps showing the location of population sectors subject to food and nutritional insecurity and that it compile disaggregated information for use in setting priorities for the development of measures to combat malnutrition and mechanisms for monitoring progress towards the achievement of proposed targets. The Committee recommends that the State party expand upon the existing legal framework for the protection of the right to food and that it supplement the Food Sovereignty Organization Act with provisions designed to safeguard food sovereignty.

The Committee is concerned about the insufficiency of health-care services, including maternal health services, in rural areas and notes that this is particularly a problem in the case of indigenous women. Para 27..

The Committee recommends that the State party persevere in its efforts to provide maternal and child health services while devoting special attention to the coverage and accessibility of such services in rural areas and zones inhabited by indigenous peoples.

The Committee is concerned about the pregnancy rate among adolescents in the State party, which, at 82.8 per 1,000 women, is one of the highest of all the Latin American countries in the high human development category. The Committee is concerned by the extremely low coverage rate (12 per cent) of family planning services and by the existence of restrictions on access to emergency contraceptives, which is prejudicial to women’s enjoyment of their right to sexual and reproductive health. Para 28.

The Committee recommends that, based on a human rights perspective, the State party make the necessary efforts, within the framework of the National Intersectoral Strategy for Family Planning (ENIPLA) and other suitable programmes, to prevent teen pregnancies. The Committee urges the State party to do away with barriers to access to emergency contraceptives and, in particular, to remove restrictions on the free distribution of such contraceptives, to develop strategies for overcoming culturally based prejudices against their provision to women and to carry out campaigns on women’s right to have access to such contraceptives.

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(E/C.12/1/Add.100)

Last reported: 5 and 6 May 2004
Concluding Observations issued: 7 June 2004

Concerns raised:

  • the practice of child labour, especially in agriculture and domestic work (paragraph 22)
  • the high incidence of sexual abuse and prostitution of girls and boys under the age of 18 in urban areas. The Committee urges the State to adopt and develop a comprehensive strategy to address these problems. (paragraph 23, 48)
  • the trafficking of minors, especially indigenous minors. The Committee urges the State to take appropriate measures to combat this problem, including by collecting relevant data and statistics and conducting a thorough study on this issue. (paragraph 24, 49)
  • the persistent and growing level of poverty that is affecting women, children, indigenous and Afro-Ecuadorian communities. (paragraph 26)
  • the high rate of illiteracy and school drop-outs. In this regard, the Committee is particularly concerned about the situation of young girls and of indigenous and Afro-Ecuadorian children. (paragraph 31)
  • domestic violence. The Committee urges the State party to take effective measures to combat domestic violence, including through the effective application of the existing laws and awareness-raising campaigns. It also strongly urges the State party to amend its Criminal Code with the view to redefining the crime of rape to reflect international standards and to protect women and children. (paragraph 50)
  • the increasingly high rate of teenage pregnancies. The Committee urges the State to allocate a higher percentage of GDP to the health sector, and provide sexual and reproductive health services, particularly to women and young people. (paragraph 54)
  • education for indigenous children: The Committee urges the State party to take all possible measures to ensure that indigenous languages are better protected and that the teaching of these languages in schools is increased as an important part of the enjoyment of the right to culture of the indigenous people. (paragraph 58)

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UN Committee against Torture

(CAT/C/ECU/CO/7)

Concluding observations published: 11 January 2017

Last reported: 6 October 2015

Positive aspects: The Committee welcomes the following legislative measures taken by the State party in areas related to the Convention: The updating, in 2014, of the National Plan for the Eradication of Gender Violence against Children, Adolescents and Women and the adoption of an action plan for the period 2015-2017; The Committee commends the State party’s efforts to adjust its policies and procedures in order to ensure greater protection for human rights and to apply the Convention, in particular: The updating, in 2014, of the National Plan for the Eradication of Gender Violence against Children, Adolescents and Women and the adoption of an action plan for the period 2015-2017 (paras 5, 6).

Pending follow-up issues from the previous reporting cycle: The Committee regrets that the State party has failed to submit in timely fashion the information requested in its previous concluding observations (see CAT/C/ECU/CO/4-6, para. 28) on the implementation of the measures identified for follow-up in respect of the following: protection of forensic physicians and other human rights defenders; abuse against and return of asylum seekers and refugees; violence against children and abuse and sexual violence against minors; and conditions of detention (para 10).

Allegations of torture and ill-treatment in prison: The Committee takes note of the information provided by the delegation on the ongoing investigation into alleged abuses committed against inmates of the Sierra Sur Turi regional prison in Cuenca on 31 May 2016. However, it regrets that it has not received information on the investigation into the cases of alleged ill-treatment of minors being held in centres for adolescent offenders in Quito, Machala and Ambato. The Committee requests the State party to provide full information on the results of the investigation into allegations of abuse committed in the Sierra Sur Turi regional prison. It should also investigate and report to the Committee on allegations of ill-treatment of minors held in centres for adolescent offenders (paras 31, 32).

(CAT/C/ECU/4-6)

Last reported: 8 and 9 November 2010
Concluding Observations adopted: 18 November 2010

  • Sexual assault on women and girls: The Committee notes with deep concern the wealth of documentation received about acts of abuse and sexual assaults on female refugees and asylum-seekers, allegedly committed by members of the State security forces and the Ecuadorian armed forces. The Committee has received information on women and girls, most of whom are of Colombian nationality, who are sexually assaulted or compelled to have sexual relations under threat of expulsion. The Committee draws the attention of the State party to recent cases in which Colombian asylum-seekers were returned in June 2010 and the summary expulsion of another in October 2010 before a decision had been handed down on his appeal (arts. 1–4 and 16). 

The State party should:

(a) Ensure that thorough investigations are carried    out into abuses committed against refugees and asylum-seekers, and in particular women and girls;
(b) Ensure that such acts do not go unpunished and that the appropriate criminal, civil and administrative liabilities are determined;
(c) Take the measures necessary to ensure that persons under its jurisdiction are fairly treated at all stages of the asylum procedure, and in particular that they receive an effective, impartial and independent review of the decision to expel, return or deport them;
(d) Ensure compliance with and proper application by the police commissioner (the provincial police authority) and provincial migration police chiefs of the protocol applicable to deportation procedures and, failing this, hand down the appropriate penalties;
(e) Take the legislative or other measures necessary to facilitate the integration of refugees and asylum-seekers;
(f) Strengthen campaigns to raise awareness of the conflict in Colombia and the situation of persons who come to Ecuador in search of refuge, as well as awareness-raising measures that could help eliminate discriminatory or xenophobic attitudes. (para. 15)

  • Impunity for acts of torture and ill-treatment : The Committee notes with concern that, according to the information provided by the State party in its periodic report (para. 181), the Internal Affairs Unit of the National Police has apparently submitted to the ordinary and police courts only 59 of the 299 complaints of alleged ill-treatment, torture or physical assault brought to its attention between May 2005 and December 2008. In addition, the State party’s periodic report indicates (paras. 164–166) that between 2003 and 2008 “only two trials for offences against individual freedom and torture have resulted in convictions”. The Committee is also concerned that, according to the information provided by the State party’s delegation, during the current year only five specific complaints have been lodged concerning ill-treatment in the State party’s prison system, all of them relating to centres for youth offenders. The Committee considers that these data contrast with the persistent reports and wealth of documentation received from other sources concerning cases of torture and ill-treatment of persons deprived of their liberty. At the same time, the Committee notes with interest Ministerial Decision No. 1435, issued by the Ministry of the Interior on 9 June 2010, instructing the Internal Affairs Unit that “even if the procedural deadline for investigation has expired, all cases involving human rights violations which are found to have been closed or filed without a proper investigation and/or those in which new elements come to light which potentially reveal civil, criminal or administrative liability on the part of members of the police forces shall be reopened and submitted to the appropriate authorities” (arts. 2, 12, 13 and 16).

    The Committee recommends that the State party:

    (a) Take appropriate measures to ensure that a prompt and impartial investigation is made into all complaints of torture or ill-treatment. In particular, such investigations should be the responsibility of an independent body, not under the authority of the police;

    (b) Review the effectiveness of the internal complaints system available to detainees and consider establishing an independent complaints system for all persons deprived of their liberty;

    (c) Duly bring to trial the alleged perpetrators of acts of torture or ill-treatment and, if they are found guilty, sentence them to penalties that are consistent with the seriousness of their acts;

    (d) Provide the victims with proper compensation and focus its efforts on their fullest possible rehabilitation. (para. 16)

  • Violence against children, abuse and sexual violence against minors: The Committee expresses its deepest concern about the numerous and consistent reports received describing the scale of the problem of abuse and sexual violence against minors in educational establishments in Ecuador. While it takes note of the existence of a plan to eradicate sexual offences in educational establishments, the Committee considers that there has not yet been an adequate institutional response by the State party, and that this is one reason why victims frequently prefer not to report instances of abuse. The 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) Step up its efforts to eradicate abuse and sexual violence against minors in schools;
    (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 specialised 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. (para 18)

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UN Committee against Torture: Follow up

November 2010

The Committee requested more information on issues raised in paragraphs 15 and 18 (on sexual assault on refugee or asylum seeking women and girls and on violence against children respectively)

Due date for information on follow-up issues: November 2011
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Subcommittee on Prevention of Torture

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/ECU/CO/8-9

Adopted by the Committee: 19 February 2015

Published by the Committee: 6 March 2015

Issues raised:

National  policies:

The Committee welcomes the National Inter-sectorial Family Planning and Prevention of Teenage Pregnancy Strategy (ENIPLA-PEA) adopted in 2012; and The Comprehensive plan to eradicate sexual offences in the education system (2011) (apra.5).

Violence:

The Committee is concerned about the high incidence of various forms of violence against women, in particular sexual violence, including rape and sexual harassment, affecting a large proportion of women and girls (para.20).

Sexual exploitation:

The Committee is concerned about the fact that the State party is a country of origin, transit and destination of trafficking in human beings, in particular women and girls, for purposes of sexual exploitation and forced labour, and that trafficking and sexual exploitation of adolescent girls is particularly prevalent in border areas, especially the provinces of Sucumbios, Carchi and Esmeraldas; The lack of an system to collect data disaggregated by sex and age on victims of trafficking in the framework of the National Plan to combat trafficking, sexual and other forms of exploitation of persons; The insufficient number of State-funded shelters for women and girls victims of trafficking, and the lack of specialized services for the reintegration of victims including through job training, education, counselling, and rehabilitation (para.22).

Education:

The Committee is alarmed by reports about sexual violence and harassment of girls in schools, contributing to a high rate of teenage pregnancy and drop-out from school in the State party. It is also concerned that despite the ministerial agreement to prosecute cases of sexual violence and the National Plan to eradicate sexual violence in the education system, the number of prosecutions and convictions of perpetrators remains low. Considering that school girls are in a specific situation of dependency, the Committee is deeply concerned at the passive reaction towards such violence on the part of law enforcement authorities and the public at large, which leads to de facto impunity of perpetrators and further increases the risk of girls and women to become victims of sexual violence (para.26).

Health:

The Committee is concerned about the  high rate of teenage pregnancies which can lead to an increase of maternal mortality (para.32).

Harmful practices:

The Committee is deeply concerned about the provisions of the Civil Code which allow for early marriage of girls at the age of 12, and the delays in amending such legislation (para.42).

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(CEDAW/C/ECU/CO/7)

Last reported: 22 October 2008
Concluding Observations issued: 7 November 2008

Concerns raised:

Violence against women:

  • the high incidence of violence against women and girls, including domestic and sexual violence.
  • the gaps in coverage and limitations in resources directed at the programmes to protect women victims.
  • that sexual violence and harassment against girls in schools remains rampant.
  • that corporal punishment is lawful in the home and constitutes a form of violence against children, including the girl child.

Recommendations:

  • that the State give priority to the design and implementation of a comprehensive strategy to combat and eradicate all forms of violence against women and girls and to strengthen protection and assistance to victims.
  • that domestic violence be included as an offence in the Penal Code and that the Code expressly prohibit corporal punishment of children in the home, as well as in care and justice institutions. (paragraphs 20, 21)

Trafficking and sexual exploitation:

  • the persistence of trafficking from and into Ecuador, including for the purpose of sexual exploitation of girls. The Committee recommends that the State develop a specific plan of action against the problem, including awareness-raising programmes; research on the root causes of trafficking; provide women with alternative means of livelihood as well as provide adequate training to lawyers, criminal justice workers, health-care providers and law enforcement officials in all matters concerning sexual exploitation and trafficking. (paragraphs 22, 23)

Education:

  • the high level of illiteracy among women and girls in rural areas. The Committee encourages the State to strengthen its efforts to eradicate illiteracy, in particular among rural women speaking indigenous languages. (paragraphs 30, 31)
  • the high drop-out rates of women and girls, especially indigenous girls. The Committee urges the State to take measures, including studies, to address the root causes of school drop-outs, including poverty and factors related to gender discrimination and stereotypical gender roles. (paragraphs 30, 31)
  • the high level of sexual abuse and harassment against girls in schools, as well as expulsion or rejection because of pregnancy and violence. The Committee calls upon the State to strengthen its efforts to provide an educational environment free from discrimination and violence, including through awareness-raising and training of school officials and students, sensitisation of children through the media, the promotion of inter-cultural perspectives in education services and the establishment of reporting and accountability mechanisms to ensure that perpetrators are prosecuted. (paragraphs 32, 33)

Health:

  • the high rate of pregnancy among teenage and young women, particularly in rural areas. The Committee recommends that the State party strengthen measures to address teenage pregnancy, especially among indigenous girls and those of African descent, including the allocation of adequate and targeted resources to the Plan for the Prevention of Teenage Pregnancy and programmes to assist teenage boys and girls during pregnancy. (paragraphs 38, 39)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/ECU/CO/23-24

Last reported: 13 April 2016
Concluding observations issued: 15 September 2017

Human mobility

The Committee notes the adoption of the progressive law on human mobility and welcomes the recently adopted regulations in this regard as well as the closure of the Hotel Carrión detention centre. It commends the State party on its numerous awareness campaigns concerning decent conditions for domestic workers and school bullying. However, the Committee is concerned by the administrative barriers many migrants, including asylum seekers and refugees, face in accessing health care, education, employment, the family support programme and the Human Development Bond cash transfer; (c) delays in the registration of refugees and the issuance of identity documents which are required to access public and social services; discrimination against and bullying of children in school on account of their nationality or refugee status, which in many cases leads to them dropping out (para. 32).

The Committee reiterates its previous recommendation (CERD/C/ECU/CO/20-22) and, taking into account its general recommendation No. 30 (2004) on discrimination against non-citizens, recommends that the State party take the necessary action to ensure the protection of non-nationals, most of whom are of Colombian origin. In particular, the Committee requests the State party to: Remove the administrative barriers to access to health care, education, employment, the family support programme and the Human Development Bond cash transfer , and expedite the registration of refugees and the issuance of identity documents that are required to access public and social services; explore further the causes of race-based bullying, continue awareness-raising campaigns designed to stop such bullying and establish mechanisms making it easier to report cases (para. 33).

Access to higher and bilingual education

The Committee welcomes the progress made by the State party to improve the enjoyment of the right to education by Montubio, Afro-Ecuadorian and indigenous peoples. It is concerned, however, that there are still significant disparities in access to higher education, primarily affecting Montubio, Afro-Ecuadorian and indigenous peoples and migrants (para. 26).

The Committee recommends that the State party redouble its efforts to ensure the availability, accessibility and quality of education for Montubio, Afro-Ecuadorian and indigenous peoples and migrants, especially at the higher education level (para. 27).

The Committee notes the State party’s efforts in the area of bilingual intercultural education. Nevertheless, it is concerned that bilingual education is not available in many rural areas. It is further concerned that the current education policy does not fully satisfy the goal of preserving the right to cultural identity of indigenous and Afro-Ecuadorian peoples (art. 5) (para. 28).

The Committee recommends that the State party pursue its efforts regarding bilingual intercultural education in order to ensure that all cultures and languages are given their rightful place in the learning process with a view to building a truly multicultural society. The Committee also recommends that the State party take the necessary steps to ensure that policies on ethno-education and intercultural education satisfy the goal of promoting and preserving the cultural identity of indigenous and Afro-Ecuadorian peoples (para. 29).

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CERD/C/ECU/CO/20-22
Last reported: 7 / 8 August 2012
Concluding Observations issued: 24 October 2012.

Issues raised:

Discrimination and education:The Committee regrets that, despite the State party’s efforts to integrate people in need of international protection, who are mainly refugees of Colombian origin, such people continue to face discrimination and exclusion in the exercise of their rights, including in access to employment, housing and medical care. The Committee is also concerned about reports of discrimination against children in schools on the grounds of their nationality or refugee status (arts. 2 and 5). Para 14

The Committee urges the State party to take effective measures to promote the integration of people in need of international protection, who are mainly refugees of Colombian origin, by, among other things, guaranteeing their access without discrimination to education, employment and health services.

Although it notes with interest that bilingual intercultural education is offered in the State party, the Committee wishes to express its concern about indigenous peoples’ high illiteracy rates and difficulties in gaining access to schooling, including higher education, to which only 4.9 per cent of the indigenous population has access. It is also concerned by the lack of information on the implementation of the bilingual intercultural education system (art. 5 (e) (v)). Para 22

The Committee reiterates its previous recommendation (CERD/C/ECU/CO/19, para. 20) and urges the State party to allocate the human and financial resources needed to implement the bilingual intercultural educational system. It encourages the State party to work in partnership with indigenous peoples to develop policies to raise indigenous peoples’ educational levels and access to schooling of a type that conforms to the intercultural bilingual education model.

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(CERD/C/ECU/CO/19)

Last reported: 12 August 2008
Concluding Observations issued: 15 August 2008

Illiteracy: While the Committee takes note of recent progress in efforts to combat illiteracy among the indigenous and Afro-Ecuadorian population, the Committee continues to be concerned at the high level of illiteracy among the indigenous peoples and Afro-Ecuadorian communities (art. 5 (e)(v)).

The Committee encourages the State party to take immediate and medium-term action to ensure the effective implementation of measures to reduce illiteracy among indigenous people and Afro-Ecuadorians. In addition, the State party's next report should include precise data on the proportion of indigenous people and Afro-Ecuadorians who have access to primary, secondary and university education. (Paragraph 19)

Bilingual education: The Committee is concerned that despite the introduction of a system of bilingual education in Ecuador, it has been poorly applied in practice. The Committee recommended that the State strengthen the legal arrangements underpinning indigenous institutional structures. Specifically, it recommends that the Department of Bilingual Inter-cultural Education, the Department for Inter-cultural Health and the Council of Nationalities (CODENPE) should be given legal status and allocated the necessary resources so that so that they can perform their functions effectively. (paragraph 20)

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UN Committee on Migrant Workers

(CMW/C/ECU/CO/2)

Last reported: 3 December 2010
Concluding Observations issued: 15 December 2010

Concerns raised:

  • Unaccompanied migrant children: The Committee regrets the lack of information with regard to unaccompanied migrant children, as well as a lack of data and information on the situation of migrants' children who remain in the State party, in particular with respect to their family and educational environment. It also regrets the lack of information on policies designed to protect these children. The Committee recommends that the State party carries out studies on the situation of emigrant's children who remain in the State party. It also encourages the State party to focus on developing policies that address the difficulties faced by the children of migrants. (paragraphs 17, 47-48)
  • Citizenship rights: The Committee is concerned by children of Ecuadorians living abroad who do not have Ecuadorian identity documents or whose births have not been registered, and who have been denied entry to the State party by the migration authorities. The Committee recommends that the State party should ensure that such children are registered in the birth register and that appropriate training should be given to migration service officials in order to implement the rights of migrant workers and their families. (paragraphs 35-36)
  • Sexual exploitation: There are a large number of child migrants involved in prostitution in the Lago Agrio region, despite the State party's efforts to eradicate trafficking and commercial sexual exploitation. The Committee encourages the State party to strengthen all bodies of the Decentralised National System for Comprehensive Protection of Children and Adolescents, and to raise public awareness of the harmful effects of all forms of commercial sexual exploitation of children. (paragraphs 37-38)
  • Child labour: The State party has made an effort to promote dialogue and collaboration among various actors to eradicate the worst forms of child labour. However, incidents still remain of the involvement of child migrants in domestic child labour in conditions comparable to contemporary forms of slavery. The Committee recommends that the State party continues and redoubles its efforts to eliminate child labour and introduces the International System for the Protection of Migrant Children and Adolescents. The Committee requests that the State party gathers specific data on the number of unaccompanied or separated child migrants in Ecuador and the type of work they perform, and to provide this information in its next periodic report. (paragraphs 39-40)
  • Human trafficking: Steps taken under the national plan to combat child prostitution, child pornography and corruption of minors have mostly concerned human trafficking. There is no legislation implementing article 66, paragraph 29(b) which prohibits slavery, exploitation, servitude, human trafficking and people smuggling in all their forms. (paragraph 49)

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/ECU/CO/1

Last reported: 22 and 23 September 2014
Concluding Observations issued: 27 October 2014

Issues raised:

Women with disabilities (art. 6): The Committee is concerned about the discrimination faced by women and girls with disabilities, which is aggravated by the convergence of various factors of social exclusion relating to gender and disability. It is also concerned that the National Council for Gender Equality has not taken measures to mainstream the needs of women and girls with disabilities and that such women and girls do not participate directly in the Council. (para 16)

The Committee recommends that: (a) The State party implement the legislation and all programmes and activities targeting women and girls with disabilities, including measures of remediation and affirmative action, in order to eradicate discrimination against them in all spheres of life, in both urban and rural areas, by ensuring their effective participation in the design and implementation of such measures. (para 17)

Children with disabilities (art. 7): The Committee is concerned that, despite the concerted efforts made by persons with disabilities in Ecuador, there are no dedicated structures for the participation of children with disabilities and no frameworks or incentives to promote the establishment of organizations of children with disabilities. (para 18)

The Committee recommends that the State party include a specific component for the participation of children with disabilities in its incentives supporting organizations of persons with disabilities, in order to preserve their identity and promote their involvement in protecting their own rights. (para 19)

Freedom from exploitation, violence and abuse (art. 16): The Committee is concerned about: (a) The high level of pregnancy among adolescents and young people aged between 12 and 19 years, according to the most recent population and housing census of 2010, and the fact that the age at which most women with disabilities reportedly had their first child was between 15 and 19 years old, which is indicative of a high incidence of sexual abuse of women with disabilities, particularly with intellectual disabilities; [...] (c) The fact that specific mechanisms have not yet been established for the effective social inclusion of and prevention of violence against children and adolescents with disabilities living in institutions, where they can remain until the age of 18. Enclosed spaces are likely to give rise to situations of violence towards, and the neglect and abuse of, children and adolescents. (para 30)

The Committee recommends that the State party: [...] (b) Carry out institutional reforms and training programmes for professionals in the police and justice sectors so that they are able to detect situations of abuse and violence against persons with disabilities and to conduct investigations with the necessary procedural accommodations to ensure that criminal behaviour is punished; (c) As programmes are being developed to guarantee the right of children with disabilities to live in the community, establish mechanisms for the systematic monitoring, by independent bodies, in accordance with article 16, paragraph 3, of the Convention, of the living conditions of such children in institutions, with the aim of preventing situations of abuse and violence. (para 31)

Education (art. 24): The Committee is concerned: (a) That persons with disabilities are educated only up to primary level and that, out of a total of 4.14 million registered students nationwide, only 24,499 are students with disabilities. The Committee is also concerned that the average number of years of schooling of persons with disabilities is three to four years, compared with the national average of nine years; (b) That, despite efforts to provide professional training for teachers so that they can cope with the demands of inclusive education, a further effort is still required to meet all educational needs; (c) At the procedural and organizational guarantees that the State currently has in place for the review and monitoring by the National Council for the Equality of Persons with Disabilities and district units supporting inclusion of access by persons with disabilities to inclusive education; (d) That few persons with disabilities have access to State universities, which have not yet adjusted their curriculum and made their main facilities accessible so that persons with disabilities can enrol in their various courses. (para 36)

The Committee recommends that the State party: (a) Introduce a State programme to ensure that all per sons with disabilities living in Ecuador can enrol in primary, secondary and higher secondary education and have access to an inclusive education system and that the system is strengthened at the higher levels; (b) Deploy greater efforts in initial and continuous training for teachers so that they can cope with the demands of inclusive education for persons with disabilities; (c) Facilitate procedures for persons with disabilities to submit complaints to the National Council for the Equality of Persons with Disabilities so as to ensure more effective monitoring of obligations in this area. The Committee also recommends that there be a district inclusion support unit in each school district and not in each province, as is currently the case; (d) Step up efforts to implement models of inclusive education for persons with disabilities at the university level by encouraging adaptations to the curriculum and premises of universities for the various courses they offer. (para 37)

Participation in cultural life, recreation, leisure and sport (art. 30): The Committee is concerned that facilities for sports and cultural development at the national level may not have undergone the necessary adaptation for access and use by persons with disabilities. The Committee is also concerned that school and sports centres do not promote inclusive sports programmes for persons with disabilities, especially for the very young. The Committee further expresses its concern that theatres, cinemas and other recreational and cultural facilities do not have the necessary infrastructure and qualified staff for the inclusion of persons with disabilities. (para 46)

The Committee recommends that the State party launch a national plan for accessible sport and update its cultural and recreational policy so that its main facilities are accessible to persons with disabilities. The Committee also recommends that the plans and instruments used for overseeing theatres, cinemas and other recreational facilities take account of their accessibility to persons with disabilities, and that sanctions be imposed when such facilities do not have conditions suited to all users. (para 47)

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UN Committee on Enforced Disappearance

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19 and 20 October 2009

 

Organisation: 
Child Rights International Network

Countries

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