A few days ago, the UN Human Rights Committee, in its periodic report on Ecuador, urged the country to decriminalize abortion entirely (CCPR/C/ECU/CO/7).
Most of the 16 pages of their statement is only in Spanish to date, as it was published so recently, but two of the most important paragraphs have been (unofficially) translated into English by Dana Repka. The two paragraphs are as follows:
Para. 21.The Committee notes the measures adopted by the State party to improve access to sexual and reproductive health services and information, as well as efforts to combat and prevent teenage pregnancies, including pregnancies resulting from sexual violence. It also acknowledges the recent approval of the Organic Law regulating voluntary termination of pregnancy for girls, adolescents, and women in cases of rape. However, the Committee remains concerned that abortion continues to be criminalized, except in cases of rape or threat to the life or health of the mother. While the Committee takes note of the Constitutional Court’s interim measures suspending certain provisions of the Organic Law, it remains troubled by reports of practical obstacles faced by women seeking legal termination of pregnancy, including the invocation of conscientious objection by medical teams (Articles 3, 6, 7, 17, and 26).
Para 22. In light of the Committee’s General Comment No. 36 (2018) on the right to life, the State party should:
(a) Amend Articles 149 and 150 of the Comprehensive Organic Criminal Code and review the Organic Law that Regulates Voluntary Termination of Pregnancy in Cases of Rape to ensure safe, legal, and effective access to abortion, even in rural and remote areas, especially when carrying the pregnancy to term would cause considerable pain or suffering to the pregnant woman or girl, particularly if the pregnancy is a result of incest or is non-viable;
(b) Take all necessary measures to ensure that the exercise of conscientious objection does not hinder women’s and girls’ effective and equal access to confidential, legal and safe abortion services and post-abortion care; specifically through systematic training of medical professionals, including training on the content of the Constitutional Court’s interim measures;
(c) Increase efforts to prevent unwanted pregnancies, especially among adolescents, and ensure full access to adequate sexual and reproductive health services, as well as affordable contraceptive methods, throughout the country, with particular focus on Afro-descendant and Indigenous women, those living in rural and remote areas, and those in poverty or extreme poverty;
(d) Implement comprehensive educational and awareness programs on sexual and reproductive health and related rights in all schools; and intensify public awareness campaigns on sexual and reproductive health and prevention of unwanted pregnancies, targeting women, men, and adolescents, while also combating the stigmatization of women who undergo abortions.
SOURCE: UN Treaty Body Database, 14 November 2024.
“This is quite significant, especially since key organizations in Ecuador are spearheading the Justa Libertad movement — very similar to the Causa Justa movement in Colombia, and they have already filed a case with the Constitutional Court, demanding total decriminalization of abortion.” Dana Repka writes. “I believe that, beyond the focus on decriminalization, the Committee’s emphasis on ensuring that conscientious objection does not become a barrier to access is essential. The Constitutional Court is expected to issue a final ruling on this matter (having already issued an interim measure that suspended certain parts of Ecuador’s latest abortion law, which initially regulated CO very broadly). In this context, this new report could be a valuable resource.
The following is from the Justa Libertad website:
Justa Libertad is a national Ecuadorian movement whose objective is the elimination of the crime of abortion from the Integrated Penal Code, with the aim of ensuring that no person is criminalized for deciding anything about their own body and their life plans.
For 28 September 2024, Justa Libertad’s theme was: “Freedom is Unstoppable”.
And much more!! (https://justalibertad.org/)
SOURCE: Report by Dana Repka, LL.M. Candidate, University of Toronto, Canada