Committee on the Elimination of Discrimination against Women considers report of Ecuador

Committee on Elimination of Discrimination 
  against Women

19 February 2015

The Committee on the Elimination of Discrimination against Women today considered the combined eighth and ninth periodic report of Ecuador on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Introducing the report, Andrea Cecilia Vaca Peralta, Coordinating Minister for Social Development of Ecuador, said that Ecuador had come a long way with regard to women’s rights.  The 2008 Constitution had expanded the recognition of human rights in general, and in particular those of women.  The National Development Plan for Wellbeing included strategies and policies on equal participation in social spheres of men and women.  The Criminal Code punished femicide as the most extreme violence against women.  Another significant improvement had been the approval of the Law of National Councils for Equality in 2014, which included the Council for Gender Equality.  Ecuador was taking various actions to modify socio-cultural patterns of men and women, stereotypes in education and prejudice with respect to gender roles. 

In the ensuing discussion, Committee Experts expressed concern about the reported high rates of sexual abuse and harassment against girls in schools, and asked about concrete actions taken against perpetrators.  Issues of Ecuador’s strict provisions on abortion, therapeutic abortions, teenage pregnancies and birth registration were also raised.  Experts wanted to hear about the compatibility of traditional and modern justice systems, links between poverty and the gender gap, employment rates and domestic work.  Questions were asked about the representation of women at the local government level and in the diplomatic service, sexual harassment in the work place, collection of disaggregated data and fighting gender stereotypes in a comprehensive manner.

Yoko Hayashi, Committee Chairperson, in concluding remarks thanked the delegation for the constructive dialogue which had provided further insight in the situation of women in Ecuador.  It was hoped that the State party would fully apply the Committee’s recommendations.

Ms. Vaca Peralta in closing remarks highlighted that Ecuador had done its best to come before the Committee with updated data.  The delegation was aware that the road ahead was very long.  Committee recommendations would be made available to all civil servants.  The State party was willing to work closely with civil society on common goals.

The delegation of Ecuador included representatives of the Ministry of Social Development, the Judiciary Council, Council of Gender Equality, Ministry of Foreign Affairs and Human Mobility, Ministry of Justice, Human Rights and Religion, and the Permanent Mission of Ecuador to the United Nations Office at Geneva.

The Committee will next meet in public at 10 a.m. on Friday, 20 February to consider the combined third and fourth periodic report of Tuvalu (CEDAW/C/TUV/3-4).

Report
The combined eighth and ninth periodic report of Ecuador can be found here CEDAW/C/ECU/8-9.

Presentation of the Report

ANDREA CECILIA VACA PERLATA, Coordinating Minister for Social Development of Ecuador, said that Ecuador had come a long way with regard to women’s rights.  The 2008 Constitution had expanded the recognition of human rights in general, and in particular those of women.  The National Development Plan for Wellbeing included strategies and policies on equal participation in social spheres of men and women.  Ecuador had a conceptual framework which enshrined the principle of equality and non-discrimination, making it a priority to pay attention to women facing different types of discrimination and exclusion. 

Discriminatory conduct had been criminalized in Ecuador.  The Criminal Code included any acts of hatred based on sex, gender and sexual orientation.  Incorporation of physical, sexual and psychological violence against women and within the family in the Criminal Code was one of the most relevant advances.  The Code punished femicide as the most extreme violence against women.  Another significant improvement had been the approval of the Law of National Councils for Equality in 2014, which included the Council for Gender Equality.  Legal defence of victims of domestic violence was offered by the Public Defender.  There were nine new safe houses and 18 attention centres attending to more than 132,000 women.  Community Police Units paid particular attention to violence against women and intra-family violence. 

The Guide for the Formulation of Sector Public Policies with a human rights focus and the Atlas of the Socio-Economic Inequalities defined the level of gaps in gender and the rights formulated by well-being: employment, housing, social security and violence.  As of 1 February 2015, there were 1,594 adult women deprived of liberty in Ecuador.  They all had access to sexual and reproductive health services, legal assistance and access to education.  They had the right to be with their children until they turned three.  Public services promoted affirmative action policies for the inclusion of priority attention groups, including indigenous and Montubia women.

Ecuador was taking various actions to modify socio-cultural patterns of men and women, stereotypes in education and prejudice with respect to gender roles.  The Law on Education promoted equality between men and women, and prohibited denial of enrolment to any students based on their gender, sexual orientation or pregnancy.  A national plan to fight trafficking and sexual labour exploitation was in place, through which State officials, police officers and prosecutors were trained.  Ecuador was the only country in the region which had made progress in the Trafficking Report.  

In the National Assembly, 42 percent of members of Parliament were women.  Internationally, there were more than 40 per cent of women in Ecuador’s diplomatic service.  When it came to nationality, women and men had the same rights; the Ecuadorian nationality could be obtained by birth or naturalization and was not lost by marriage or its dissolution.  Women’s access to higher education was promoted, and the earlier gaps were being closed, such as in the number of women with degrees in physics.  Women engaged in domestic work were provided with social security.  Stay-at-home mothers were paid $ 50 per month.  Mothers’ mortality had been significantly reduced, and 90 per cent of women now had access to prenatal care.  Access to contraception had been increased by 80 per cent between 2004 and 2014.  A draft amendment to the Civil Code, currently being considered by Parliament, proposed setting the minimum age of 18 for marriage for both men and women.

Questions by the Experts

An Expert stressed that it was important that the measures Ecuador was undertaking de iure were also applied de facto and that they made a real difference in women’s lives.  The new Criminal Code included crimes based on gender-based violence.  Could the State party explain the rationale and provide more details on those changes and why did it fail to decriminalize abortion?

The Expert also asked whether the new procedural changes really allowed for advancement in fighting violence against women.  How was the linkage between the traditional systems of justice and the reformed Code?

Another Expert noted that transversality and gender mainstreaming alone could not lead to the desired changes.  How were the relevant entities able to ensure that local participation in the decision-making process was taking place in reality?  Lack of consistency across regions could create a negative impact over the long run.  While it was important to have horizontal synergies, they had to be met with an appropriate top-down approach; otherwise they would be at risk of being diffused.  Did the delegation feel that a stronger mechanism ensuring larger consistency could be created?

While Ecuador was praised for its application of gender-budgeting, the Ministry of Finance had allegedly said that the budget for gender-related issues was decreasing.  Was that correct?

Responses by the Delegation

Responding to the question about poverty and gender gap, the delegation said that there was a single-digit poverty rate at the moment.  Traditionally, in Latin America, poverty was more present among women and children.  National surveys allowed for a comprehensive look at poverty.  Many poor households used not to have access to education, whereas today more than 95 per cent of children attended elementary schools.  Women living in poverty had access to housing and free health care.  The eradication of poverty by 2017 was a major national policy.

Efforts were underway to bring various pieces of relevant legislation in Ecuador under one umbrella.  Violence against women was now categorized as one crime; in the past there had been three different offences in its stead.  Physical violence was subject to expedited procedures. 

Regarding abortion, it was explained that article 45 of the Constitution recognized the right to life from the moment of conception.  The Ministry of Health had created guidelines for spontaneous and repeated abortions.  The State was doing what it could to protect women who found themselves in vulnerable situations.

Ecuador had for a long time been marked by weak governability, and the focus was now on strengthening the State and its institutions.  Only strong and effective institutions with appropriate capacity could properly apply development policies.  Various ministries had their own mechanisms to ensure compliance with gender equality.

A delegate said that in Ecuador working on transversality was a key concept.  The aim of the Council for Gender Equality was transversalizing public policies, ensuring inter-sectorial and cross-sectorial application of national policies.  A competency skill matrix was a recent addition in the work of the Council.  Strengthening institutions involved in gender equality was on the Council’s agenda.  An expenditure calculator was another tool aimed at enforcing the cross-cutting approach.

On relations with non-governmental organizations, it was explained that the Council had strong ties with women’s groups from across the country.  Advisory bodies at local and regional levels had been created, and local organizations were encouraged to partake in dialogues at the national level.  Civil society representatives were present in different equality councils. 

Follow-up Questions by the Experts

An Expert wanted to know about the diffusion of the Convention and the Committee’s recommendations.  She reiterated the question on resources.

Returning to the issue of abortion, another Expert said that the protection of pregnant women was in everyone’s interest, but what would happen when the right of the foetus was in contradiction with the fundamental rights to life and well-being of the mother?

An Expert stressed the importance of resources and accountability when promoting the gender agenda.

A question on the treatment of homosexuality was raised by another Expert.

Responses by the Delegation

On the relationship between traditional justice and the current legal system, the delegation said that women from different cultures had had to face numerous barriers in the past.  Machismo which existed in many cultures was an obstacle.  There were efforts to harmonize different forms of justice.  Femicide was criminalized.

Dissemination of the Committee’s recommendations was through the digital platform used for all international treaties.

With regard to budgeting, a delegate stressed that there had been an increase in social investments in Ecuador, from $ 144 to more than $ 400 per person over recent years.  There was an obligation to consider agendas of different equality councils when creating national policies. 

Dehomosexualization services had been identified during some inspections by the Ministry of Health, and investigations on a case-to-case basis were currently underway.

Questions by the Experts
 
An Expert commended the State party for having a provision that excluded those who had inflicted gender-based violence or were not paying child support from running for office. 

The Expert inquired about the under-representation of women at the local government level, which was curious given that they were well represented nationally.

Which mechanisms were in place to address multiple forms of discrimination, such as women belonging to minority groups?  Could the delegation provide some statistics regarding affirmative action promoting women of African and indigenous descent?

Another Expert said that stereotypical role conceptions on men and women ought to change.  What had Ecuador done to combat stereotypes in a holistic and general manner in all spheres of society?  What was being done at the national and community levels in that regard, and could examples of specific campaigns be provided?

Ecuador regrettably still allowed for girls as young as 12 to be married.  How could a 12-year old have equal rights in a marriage?  Such marriages were considered as harmful practices.  What was the timeline for changing those provisions?

An Expert said that it was commendable that there was an agreement across State institutions to criminalize and banish gender-based violence.  Had measures been adopted to act with due diligence to punish sexual violence in schools?

On trafficking in women and girls, another Expert said that Ecuador was still a country of origin, transit and destination, mostly in labour and sex exploitation.  Could the delegation provide an update on efforts to combat adult trafficking?  Were shelters really adequate to provide protection and care for the victims of trafficking?  To what extent was prostitution considered legal in Ecuador?

Responses by the Delegation
 
Political representation of women at the local level was admittedly lower, the delegation said.  Ecuador had long been a patriarchal State and there might still be a tendency to favour male candidates.  Putting women on unipersonal lists of nominees was encouraged, while their placement on multi-personal lists was part of the law.

As regards affirmative action, more than 25 per cent of women received human development support and could access credit in the form of a lump sum.  Reforms underway sought to include further rights of women at home into the social security system.  Those women used not to be thought of as part of the working population. 

On gender stereotypes, the delegation mentioned a campaign on socio-educational measures.  Awareness raising campaigns were also taking place among public sector employees, including teachers and those working in the health sector, including first aid providers. 

All the victims of criminal offences were entitled to restitution and were protected from further victimization.  There were expedited procedures for dealing with domestic violence against women.  Rules and procedures were different depending on the specificities of each case.  Some cases were dealt with by specialized units for domestic violence.

On the issue of marriage, a delegate recalled that it was defined as a union between a man and a woman based on the free consent of the people involved.  Agreement of the majority of the legislators was on increasing the age of marriage to 18 years.  Results and modifications of the Civil Code were expected in 2015.

A delegate explained that domestic violence referred to physical, mental or emotional violence against anyone with family or conjugal links within the nuclear family.

Addressing the issue of trafficking in human beings included prevention, protection and restitution of the rights of victims.  The authorities engaged numerous actors in that process, such as school students and poor families.  There were five safe houses for victims, which were run by non-governmental organizations.

With regard to sexual abuse in schools, affected students needed to turn to the prosecutor’s office and they were not victimized. The delay to respond should not be longer than 48 hours.  There could be civil or criminal penalties for the perpetrators.

There were provisions to provide support to sex workers when it came to their sexual and reproductive health.  Health checks were regularly performed by the Ministry of Health.  Numerous judges and prosecutors had received training in that regard.

Questions by the Experts
 
An Expert wondered whether the much harsher punishment for femicide than for homicide could backfire and cause a backlash.  How could it be proven that the damage was inflicted on woman because of her sex?

On the subject of stereotypes, another Expert said that Ecuador was facing a challenge possibly greater than in other countries. How did different State entities involved with the media operate in that regard?

Were there any campaigns in place to promote the participation of women in political life?  What was the representation of women in high-level diplomatic positions?

Responses by the Delegation
 
The delegation stated that training was given in the context of the integral approach of combatting domestic violence.  CEDAW provisions and recommendations were incorporated in the curricula.  In all cantons there were judges and prosecutors, who could be approached by victims.  Health services were decentralized across the country. 

For the first time in the history of Ecuador, femicide was now introduced as a separate crime.  Investigations were more targeted when the perpetrator was involved with the woman.  Procedures were in place for expediting femicide proceedings.

There were regulations in place combatting discrimination in the media.  Given that there was such a wide range of diversity, inter-sectoral coordination measures in addressing discrimination were necessary.

Regarding education, the Constitution and the Education Act sought to promote joint and equal education of boys and girls. Girls and boys should know that they could be involved in different activities.

There was a large number of women in international delegations.  In 2013, for the first time, the Foreign Ministry had made an appeal to the members of the indigenous communities to come forward for Third Secretary positions.  Out of 28 recent promotions to ambassadorial positions, 13 were women. 

Questions from the Experts

An Expert raised the issue of birth registration.  Approximately 10 per cent of children were not being registered at birth now.  What was the State party doing to guarantee registration of all new births, including in remote areas?

If there were children and adults without birth certificates, could they receive the necessary documents if they applied for them now?

Responses by the Delegation
 
The delegation said that 10 per cent was not an accurate figure; those without identification documents did not necessarily lack birth registration.  Efforts were being made to register births automatically, which would provide children with access to various services from that moment on.  More than 90 per cent of births currently took place in institutional settings.  There would soon be a unique register, including births and identification documents.

Everybody had a right to hold an identification document, the delegation explained.  There was a legal provision for late registrations, including for adults, and the administrative procedure was not complex. 

Questions by the Experts
 
An Expert raised the issue of sexual abuse and harassment against girls in schools, which was a grave problem in the State party, and was raised as such by several human rights treaty bodies.  More details were requested on mechanisms implemented in schools to provide for a complaint system and on any prosecutions against perpetrators.  That issue was related to the high rates of adolescent pregnancies and drop-out rates.

Another Expert suggested that a distinction could be drawn between urban and rural women when it came to employment rates.  The Expert asked for an explanation for the increase of the number of women in domestic service, whose number was now estimated to be 200,000. 

Sexual harassment in the work place was not mentioned in the State party’s report.  Were there any provisions for complaint procedures in that regard?

Therapeutic abortions had not been made available to women thus far.  What was being planned to ensure implementation of the existing guidelines in a non-discriminatory fashion?  What was being done to make sure that women and girls were informed of the possibility to receive such abortions?

Denial of abortion to rape victims could amount to torture and inhuman treatment.  Such women had very limited choices.  When would that issue be readdressed, and therapeutic abortion opened to all women victims of rape and not only those with mental problems? More details were asked on the issue of confidentiality between women and their doctors.

Responses by the Delegation
 
The State party was aware of the problems of sexual violence in the education system, and students had been made aware of which procedures to follow if they wanted to submit a complaint.  The public prosecutor’s office would then decide on whether administrative or criminal proceedings would be opened.  It was prohibited to expel pregnant teenagers.  Thirty three cases of guilty sentences had been handed out in 2013-2014; that was a significant improvement compared to the earlier situation.

There was a national strategy in place to prevent teenage pregnancies, which included improving access to contraceptive services, training educators to provide sex education to children from an early age on, and involving parents in raising their children’s awareness on sexual and reproductive issues.

Underemployment was indeed an issue among women.  Different ways and means for freelancers were being developed to have them integrated in the social system.  The social security database might not necessarily always match the Ministry of Labour database. 

Sexual harassment at work carried a jail sentence of three to five years, and represented grounds for firing the employee who had shown such behaviour.

It was difficult to disaggregate data according to ethnic and racial lines, but nonetheless it was clear that reducing poverty had been more successful in rural than in urban areas. 

Protocols for therapeutic abortions had been greenlighted; once it became an official measure, it would apply for all health systems.  There were strict protocols regarding maternal deaths, as that was the only Millennium Development Goal that Ecuador had not yet met.  The delegation said that there were 93 cases of abortion currently being investigated, but no individual had been deprived of their freedom because of that procedure.

Provisions existed within the integrated health system for indigenous women to give birth in their traditional way.  Cultural aspects were embedded in primary care as well.

Follow-up Questions from the Experts
 
On sexual harassment, an Expert asked whether institutions, such as universities, had specific protocols.

Another Expert reiterated the importance of dealing with the issue of abortions in cases of rape.

Given budgetary restructuring, would there be more or less resources for dealing with early and teenage pregnancies?

While the State party ought to be commended for numerous positive initiatives, the Committee was primarily interested in knowing what effect such initiatives had in real life.  The next report should thus provide concrete facts and figures.

How could an inter-cultural response be applied in the absence of relevant disaggregated data, an Expert inquired.  Without such data, it would be difficult to know what kind of effect State policies had on rural or indigenous women. 

Responses by the Delegation
 
The work to coordinate prevention of teenage pregnancies was being done through the relevant strategy.  The President was very much aware of the issues at play and had been trying to follow up directly in order to ensure proper implementation of the strategy.

The new Health Code was being prepared by a number of Ministries and members of Parliament.  It would include physical, mental and social aspects of health. 

The delegation reiterated that the State party did not have desegregated data on all issues, including labour.  Strategic data and information were particularly important for the country. 

Questions by the Experts

An Expert said that there was no evidence that sectorial Ministries had a possibility to understand what was happening in local areas.  A good system of indicators, which could be used at different levels, was necessary.

Was there an impact study on the accessibility of the poorest women to cash transfers?  The housing programme and micro-crediting programmes could also profit from  better gender parity.

What opportunities were given to rural indigenous women to be heard, another Expert inquired.  Did the indigenous groups agree to approaches adopted on reproductive health and child birth?

An Expert asked whether there had been efforts to harmonize the civil code with customary law.

Responses by the Delegation
 
A delegate stated that a shift had been made from cash transfers to helping those in extreme multifaceted poverty.  The focus was now also on health and education, which provided longer-lasting benefits for the affected families.  University scholarships were being given to youths from such families.  Ecuador was thus working on bridging the inequality gap rather than merely fighting poverty. 

On the issue of education, it was explained that the problem faced by Ecuador was connected to its dispersed population.  Work was being done to bridge the gaps in progressive ways.  With time, through good planning, it was hoped that schools in remote parts would also be reached.  Now that access to education was quite universal, efforts were being made to improve its quality.  The entire educational system was intercultural.  Tools were being devised to protect minority languages.

With regard to access to justice in rural areas, a delegate said that community mediation was used in some provinces which were difficult for judges to access.  The accused were provided with a translator or an interpreter if they did not speak the official language. 

Questions by the Experts
 
An Expert wondered why parliamentary procedures for raising the age of marriage were taking so long.

What was included in the property which upon divorce was to be equally divided? What about savings and pension rights, the Expert asked.

Upon divorce, the custodian parent had the right to stay at the family home.  Were there statistics available on that, and were there complaints by fathers’ groups because mothers might be given preferential treatment?  Did the State have a safety net to ensure direct payments to children.

Responses by the Delegation

The delegation said that it agreed that the age of marriage ought to be increased.  The current reform of the Civil Code was dealing with the issues of marriage and inequality.  It had always been said that the person managing joint assets was the man, which was being changed now.

If children had only one household or had a permanent disability, that household could not be sold.  Intangible assets could be adjusted.  Some men were deprived of liberty for not providing the required alimony.  If child support was not being paid, basic provisions were activated by the State.

Concluding Remarks

YOKO HAYASHI, Committee Chairperson, thanked the delegation for the constructive dialogue which had provided further insight in the situation of women in Ecuador.  The State party would receive concluding observations through the Permanent Mission and was encouraged to apply them fully.

ANDREA CECILIA VACA PERALTA, Coordinating Minister for Social Development,  confirmed that she was the only woman delegate at the moment.  She highlighted that Ecuador had done its best to come before the Committee with updated, reliable data.  The delegation was fully aware that the road ahead was very long, and was very committed to continue working within the constitutional framework.  The recommendations of the Committee would be made available to all civil servants.  The State party was willing to work closely with civil society and citizens at large on common goals.

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