Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence. Rape is punishable with penalties of up to 22 years in prison. The criminal code includes spousal rape under crimes against sexual and reproductive integrity. The penalty for rape where death occurred is 22 to 26 years’ imprisonment. Domestic violence is punishable with penalties ranging from four days to seven years in prison and a fine for “damages, pain, and suffering” ranging from $350 to $5,300, depending on the severity of the crime. The law stipulates penalties for physical, psychological, and sexual violence.
On February 5, the Comprehensive Law to Prevent and Eradicate Violence against Women went into effect. The law seeks to prevent and provide reparation to victims of gender-based violence. It also advocates for the re-education of aggressors. The law defines rape, including spousal rape or incest, forced prostitution, sex trafficking, sexual harassment and other analogous practices, as forms of sexual violence. It also entitles victims to immediate protective measures designed to prevent or cease violence, such as police surveillance, placement in shelters, and awareness programs for the victim and family.
The Office of the Public Prosecutor reported 202 killings of women between January 2017 and July 2018. A report by four civil society organizations indicated there were 64 cases of femicide between January 1 and October 2. According to local experts, reporting rapes and other forms of violence continued to be a traumatic process, particularly for female minors. For example, a rape victim must file a complaint at the Public Prosecutor’s Office and submit to gynecological evaluations akin to rape kits administered by medical experts. Many individuals did not report cases of rape and sexual assault because of fear of retribution from the perpetrator or social stigma.
During the year the government offered installation of emergency buttons in the homes of potential gender-based violence victims and established toll-free telephone lines with personnel trained to support victims of gender-based violence. The Ministry of Social and Economic Inclusion, together with some local and provincial governments and NGOs, also provided psychosocial services to victims of sexual and domestic violence. The ministry subsidized shelters and other initiatives, including medical services at care centers and private clinics. Based on 2016 statistics, there were 50 judicial units and 78 courts specializing in gender-based violence. The judicial units have responsibility for collecting complaints and assisting victims in ordering arrest warrants for up to 30 days of detention against the aggressor. Victims and NGOs expressed concern the court system was insufficiently staffed to deal with the caseload and that judges lacked specialized training for dealing with gender-based violence.
Sexual Harassment: The penal code criminalizes sexual harassment and provides for penalties of one to five years in prison. The Comprehensive Law to Prevent and Eradicate Violence against Women defines sexual harassment and other analogous practices as forms of sexual violence and mandates that judges prohibit contact between the aggressor and the victim to prevent revictimization and intimidation. Despite the legal prohibition of sexual harassment, women’s rights organizations described harassment in public spaces as common. The Office of the Public Prosecutor received 739 complaints of sexual harassment during the first trimester of the year. Of the 2,067 complaints received in 2017, as of July officials were investigating 48 cases and the courts had convicted and sentenced 12 perpetrators.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The constitution affords women the same legal status and rights as men. Nevertheless, discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. On March 8, El Universo cited figures by the National Institute of Statistics and Census that in 2017 the average monthly income of an employed man was 20 percent more than a woman working under the same conditions.
Birth Registration: Citizenship is acquired through birth in the country, birth to an Ecuadorian mother or father abroad, or by naturalization. According to media reports, ethnic minority families and those with limited economic resources continued to show registration rates significantly lower than those of other groups. Government brigades occasionally traveled to remote rural areas to register families and persons with disabilities. While the law prohibits schools from requesting civil registration documents for children to enroll, some schools, mostly public schools, continued to require them. NGOs reported the problem particularly affected refugee children. Other government services, including welfare payments and free primary health care, require some form of identification.
Education: According to the constitution, education is obligatory through ninth grade and free through 12th grade. Nonetheless, costs for school-related items, such as uniforms and books, as well as a lack of space in public schools, continued to be an impediment to adolescents attending school.
Child Abuse: The penal code criminalizes child abuse and provides penalties of 30 days to 90 years in prison depending on the severity of the abuse.
The Office of the Public Prosecutor received 4,800 complaints of rape, sexual harassment, and abuse against minors between 2015 and September 2018. At least 714 of these alleged crimes took place in elementary and secondary schools. NGOs reported that children living in the streets or in rural parts of the country, many of whom came from poor indigenous families, suffered from exploitative conditions. Throughout the year the Ministry of Education sent officials to investigate reported cases of child abuse in educational establishments. In October the National Assembly’s special legislative committee to investigate the judicial handling of child abuse complaints met to review its final draft report. Since its creation in 2017, the committee had issued several reports on the efficiency of government institutions in processing child abuse cases.
Bullying remained a problem in schools and increasingly occurred on social media. On June 22, officials from the Ministry of Education launched a campaign to combat the problem. Antiviolence teams visited 251 public schools in the coastal region to identify bullying and reviewed cases of students with repetitive violent conduct. In the city of Guayaquil, officials reported 175 cases of bullying in the 12 months preceding October.
Early and Forced Marriage: The legal age of marriage is 18. There were reports of early and forced marriage in indigenous communities, particularly in instances in which girls became pregnant following an instance of rape. A Plan International study cited the testimony of public officials who reported that in many cases sexual aggressors compensated violence with payment or exchange of animals, but in some cases victims were forced to marry their aggressors.
Sexual Exploitation of Children: The law prohibits sexual exploitation of children, including child pornography, with penalties of 22 to 26 years’ imprisonment. The age of consent is 14. The penalty for commercial sexual exploitation of children under the age of 18 is 13 to 16 years in prison. Child sex trafficking remained a problem, despite government enforcement efforts.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
There is a small Jewish community, including an estimated 250 families in Quito and 82 families in Guayaquil, according to local synagogues. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The National Council on Disability Equality oversees government policies regarding persons with disabilities.
President Moreno promoted social initiatives to raise awareness about disability rights. In October 2017 the president replaced procedural regulations that went into effect in 2013 with executive decree 194, which broadens the defined legal recognition of a disability and increases tax benefits for persons with disabilities; however, human rights activists noted that much work remained. Although the law mandates access to buildings and promotes equal access to health, education, social security, employment, transport, and communications for persons with disabilities, the government did not fully enforce it. According to a December 2017 article in El Telegrafo, the National Council on Disability Equality reported there were not enough ramps for persons with disabilities that used public transport in Quito and that architectural barriers used in constructions in public spaces were obstacles.
The law stipulates rights to health facilities and insurance coverage, increases access and inclusion in education, and creates a new program for scholarships and student loans for persons with disabilities. The law provides for special job security for those with disabilities and requires that 4 percent of employees in all public and private enterprises with more than 25 employees be persons with disabilities. The law also gives the Ombudsman’s Office responsibility for following up on alleged violations of the rights of persons with disabilities and stipulates a series of fines and punishments for lack of compliance with the law.
The law directs the electoral authorities to provide access to voting and to facilitate voting for persons with disabilities.
The constitution declares the state to be plurinational and affirms the principle of nondiscrimination by recognizing the rights of indigenous, Afro-Ecuadorian, and Montubio (an independent ethnic group of persons with a mixture of Afro-Ecuadorian, indigenous, and Spanish ancestry) communities. It also mandates affirmative action policies to provide for the representation of minorities. In 2009 the government began implementing a national plan to eradicate racial discrimination and exclusion based on ethnic and cultural differences. From 2013 to 2017, the government implemented a national agenda to promote the equality of indigenous peoples and nationalities.
Afro-Ecuadorian citizens, who accounted for approximately 7 percent of the population according to the 2010 census, suffered pervasive discrimination, particularly with regard to educational and economic opportunity. Afro-Ecuadorian organizations noted that, despite the absence of official discrimination, societal discrimination and stereotyping in media continued to result in barriers to employment, education, and housing. Afro-Ecuadorian activist Antonio Ayovi reported in September 2017 that “racism, discrimination, and intolerance affect almost all sectors of the Ecuadorian population ….”
The constitution strengthens the rights of indigenous persons and recognizes Kichwa and Shuar as “official languages of intercultural relations.” The law provides indigenous persons the same civil and political rights as other citizens. The constitution grants indigenous persons and communities the right to prior consultation before the execution of projects that affect their rights. It also provides for their right to participate in decisions about the exploitation of nonrenewable resources located on their lands and that could affect their culture or environment. The constitution also allows indigenous persons to participate in the economic benefits natural resource extraction projects may bring and to receive compensation for any damages that result.
In the case of environmental damage, the law mandates immediate corrective government action and full restitution from the responsible company, although some indigenous organizations asserted a lack of consultation and remedial action. The law recognizes the rights of indigenous communities to hold property communally, although the titling process remained incomplete in parts of the country.
Throughout the year indigenous groups engaged in a national dialogue with the government in which they raised issues related to community development, intercultural education, respect for the application of indigenous law, and environmental rights and extractive industries. The National Council on the Equality of Peoples and Nationalities reported on January 22 that almost 23 percent of indigenous women were underemployed, 36 percent were illiterate, and political participation of indigenous woman continued to lag behind the rest of the population. During the February 4 national referendum, voters approved two constitutional amendments relevant to indigenous communities, prohibiting mining in urban and protected areas and limiting oil drilling in Yasuni National Park.
On July 17, legislator Encarnacion Duchi reported that in 2017 the Confederation of Indigenous Nationalities of Ecuador filed 180 petitions for amnesty related to convictions of indigenous protesters during the Correa administration. Human rights activists claimed that under Correa the government forcibly evicted indigenous communities from their ancestral territory, without respecting their constitutional rights, to facilitate the establishment of Chinese mining projects, leading to clashes between the Shuar community and local security forces. Duchi said the National Assembly’s Administrative Council had deemed only 33 cases merit-worthy and approved only one case.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation as a right. The law also prohibits hate crimes. Although the law prohibits discrimination based on sexual orientation, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTI organizations reported that transgender persons suffered more discrimination because they were more visible.
On May 31, the Constitutional Court ordered the Civil Registry Office to register a seven-year-old girl parented by a female same-sex couple with their last names. Human rights activists said the decision set a precedent favoring LGBTI rights by officially recognizing same-sex couples and their children as a family unit.
The government, led by the Ombudsman’s Office, was generally responsive to concerns raised by the LGBTI community. Nevertheless, LGBTI groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTI individuals, including when there was suspicion that the killing was motivated by anti-LGBTI bias.
LGBTI persons continued to report that the government sometimes denied their right of equal access to formal education. LGBTI students, particularly transgender students, sometimes were discouraged from attending classes (particularly in higher education). LGBTI students, particularly transgender individuals, were more susceptible to bullying in schools, and human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints. LGBTI persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.
LGBTI organizations and the government continued to report that private treatment centers confined LGBTI persons against their will to “cure” or “dehomosexualize” them, although such treatment is illegal. The clinics reportedly used cruel treatments, including rape, in an attempt to change LGBTI persons’ sexual orientation. According to a local LGBTI organization, law enforcement officials closed at least two such clinics in Guayaquil in 2017.
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
The law and regulations prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. The law prohibits employers from using discriminatory criteria in hiring, discriminating against unions, and retaliating against striking workers and their leaders. The government did not effectively enforce those laws and regulations.
Employment discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. On October 4, El Telegrafo reported the Ministry of Labor received 347 complaints from employees about workplace harassment between 2015 and 2017. On August 24, the National Assembly approved a series of labor reforms for employees in the public and private sectors to prevent workplace harassment.
Afro-Ecuadorians continued to demand more opportunities in the workforce and complained that employers often profiled them based on their job application photographs. Indigenous and LGBTI individuals also experienced employment discrimination.