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Ecuador

Section 2. Respect for Civil Liberties

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal and intimate partner rape and domestic violence. The government enforced the law, although victims were sometimes reluctant to report these crimes. Rape is punishable with penalties of up to 22 years in prison. The law 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 substantial fine for “damages, pain, and suffering,” depending on the severity of the crime. Penalties for physical, psychological, and sexual violence were enforced.

The law provides reparation to victims of gender-based violence, while also advocating for the re-education of aggressors. The law defines rape, including spousal rape or incest, forced prostitution, 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. These restorative measures were generally enforced.

According to human rights organizations, victims were generally reluctant to press domestic violence charges, and the court system was insufficiently staffed to deal with the caseload. On November 24, the Attorney General’s Office, in cooperation with the civil society-UN Spotlight Initiative reported 172 total femicides through November, compared with 118 in 2020 and 106 in 2019. On August 25, the Attorney General’s Office announced a 26-year prison sentence for a man from Morona Santiago Province for murdering his four-year-old stepdaughter in August 2020 in front of her mother, whom he threatened to harm if she intervened.

Due to a drop in the number of complaints filed in person with judicial authorities, the government expanded online legal services available to victims in April 2020. Nevertheless, barriers such as digital illiteracy, internet unavailability in rural areas, and lack of general familiarization with these technological resources continued to limit the ability of victims to obtain help.

Judges lacked specialized training for dealing with gender-based violence. Rights organizations also reported local protection-board officials at times discouraged victims from reporting their aggressors.

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 due to fear of retribution from the perpetrator and social stigma.

On February 10, the Attorney General’s Office announced a 12-year, seven-month prison sentence for a police officer in Tungurahua Province for raping a woman in September 2020 (see section 1.c.).

Sexual Harassment: The law criminalizes sexual harassment and provides for penalties of one to five years in prison. The law 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, and the law was generally enforced. Despite the legal prohibition of sexual harassment and government implementation of the law, women’s rights organizations described a tendency not to report alleged harassment, and harassment remained common in public spaces.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Some women’s rights activists complained that a lack of comprehensive sex education limited individuals’ ability to manage their reproductive health and that ineffective distribution of birth control reduced access to contraception. Additionally, the Roman Catholic Church’s stance against contraceptive use and social stigma discouraged women from seeking family planning services.

A 2019 study found income status affected equity in sexual and reproductive health access and outcomes, with low income and rural individuals having significantly less access. UN agencies and CARE International reported migrant women faced limited access to, discrimination in, or both the provision of reproductive health services.

CARE International observed less access to sexual and reproductive health resources to survivors of sexual violence, and specifically, a lack of availability of emergency contraception as part of the clinical management of rape.

A February 2020 UNICEF-funded and Ministry of Health-supported teenage pregnancy report found that, although live birth rates for women ages 15 to 19 trended downward between 2009 and 2018 (the most recent year available for the report) from 88 live births per 1,000 women to 69), while live birth rates among girls ages 10 to 14 trended slightly upward, from 2.1 per 1,000 in 2007 to 2.8 in 2017. The report found the incidences of girls ages 10 to 14 having children were highest in coastal and Amazonian provinces, including Esmeraldas, Sucumbios, Orellana, and Morona Santiago. On August 17, Secretary of Human Rights Bernarda Ordonez stated 70 percent of girls ages 10 to 14 who become pregnant were most likely sexually violated. Ordonez added that many of these adolescents also suffered from sexually transmitted diseases, urinary tract infections, and other health complications.

Although the country’s maternal mortality rate had remained below 70 per 100,000 live births since 2012, media citing official national statistics indicated the rate increased from 37 to 57.6 between 2019 and 2020. According to local health experts, maternal mortality was 36 percent more likely among women in rural areas compared with those in urban areas, and women with primary or less education were three times more likely to suffer maternal death than those with at least a high school education. Further, indigenous and Afro-Ecuadorian women were 69 and 50 percent more susceptible to maternal death, respectively, than their mestiza counterparts.

While the law prohibits discrimination against girls who become mothers, NGOs reported some faced discrimination and subsequently left school. A lack of resources also resulted in young mothers discontinuing their education to pursue work.

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. Women continued to face wage disparities compared with men. NGOs said women also faced discrimination in housing access and some judicial proceedings, namely, in reporting and filing charges in cases of alleged sexual abuse.

UN agencies and NGOs reported female medical staff were discriminated against and subject to violence, including physical and verbal assaults, from their partners and family members for assisting COVID-19-infected patients. According to information collected by UN Women and CARE International, women outnumbered men in the first line of defense against COVID-19, in a medical field already two-thirds composed of women, making women far more susceptible to COVID-19 exposure.

Indigenous Peoples

There were isolated reports of restrictions placed on indigenous persons and their institutions in decisions affecting their property or way of life. Media reported the Pastaza Provincial Court partially accepted a habeas corpus request on July 16 for former Confederation of Indigenous Nationalities of Ecuador (CONAIE) president Antonio Vargas Guatatuca. Vargas Guatatuca was originally convicted for land trafficking in 2018, with his sentence extended to three years and four months in 2019, all of which he had served doing community service. He was arrested on June 20 in Pastaza Province after an arrest warrant had been issued a few days prior to serve part of his time in jail. CONAIE argued Vargas Guatatuca’s detention was arbitrary and illegal, as international conventions to which Ecuador is a signatory state indigenous persons are subject to prison alternatives. The court ruled Vargas Guatatuca should serve 60 days in jail and 30 in his community, then continue serving out the rest of his sentence doing community service. On November 8, President Lasso issued an executive pardon exonerating Vargas Guatatuca of charges and cancelling the fines ordered in his convictions.

The law provides indigenous persons the same civil and political rights as other citizens. The constitution recognizes Kichwa and Shuar as “official languages of intercultural relations.” The constitution grants indigenous persons and communities the right to prior consultation, which is to participate in decisions on the exploitation of nonrenewable resources located on their lands that could affect their culture or environment, although indigenous peoples’ organizations noted public- and private-sector actors often ignored prior consultation. 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. The constitution prohibits mining in urban and protected areas and limits oil drilling in Yasuni National Park.

Although confirmed COVID-19 cases and deaths among indigenous communities were lower than the national average, indigenous leaders and international organizations asserted indigenous communities, like other rural low-income communities, were particularly vulnerable to the pandemic’s environmental, medical, and economic effects. Precise information on COVID-19 vaccination rates among indigenous persons was not available as of September 18, but government authorities declared they prioritized vaccinating indigenous communities and publicized several instances of vaccine drives in indigenous communities that included military-assisted vaccine transport to remote areas. The government nonetheless faced logistical challenges due to transportable vaccine availability and the physical isolation of some communities.

Media and activist groups reported environmental and anti-illegal mining activist Andres Durazno was stabbed outside his home in Azuay Province on March 17, allegedly by a relative. Activist groups called on the attorney general to open an investigation, which had not begun as of October 28.

Children

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. Other government services, including welfare payments and free primary health care, require some form of identification.

Education: The lack of schools in some areas specifically affected indigenous and refugee and migrant children, who must travel long distances to attend school.

Child Abuse: The law criminalizes child abuse and provides penalties of 30 days to 26 years in prison, depending on the severity of the abuse.

In 2020 Ana Cristina Vera, director of the local NGO Surkuna, estimated six of 10 rape aggressors were immediate relatives, with most underage victims younger than 14. In 2019 the Office of the Public Prosecutor stated approximately 60 percent of rape victims were children and adolescents.

In 2019 media reported that approximately 16 percent of the 7,977 sex-crime complaints tracked by the Ministry of Education between 2014 and May 2019 were directed against minors. Teachers or school staff were accused as perpetrators in 25 percent of all complaints.

Local NGOs and the government expressed concern regarding child abuse and infanticide during the COVID-19 pandemic. The Quito Rights Protection Council reported 10 suicides and seven cases of infanticide between March and May 2020. The council stated the infanticides in that span were allegedly committed by the victims’ immediate family members. Council vice president Sybel Martinez warned that a lack of precise statistics on violence against minors could fuel impunity. The Attorney General’s Office publicized progress on several intrafamilial violence cases throughout the year.

Bullying remained a problem in schools and increasingly occurred on social media. On April 10, reforms to the Intercultural Education Law took effect, aiming to prevent and combat digital sexual violence and strengthen the fight against cybercrimes by making online bullying punishable. The law obligates educators to investigate allegations of bullying, considering the victim’s best interests. Cases that may lead to school violence (defined as incidents that may lead to death, physical, sexual, emotional, or psychological harm), harassment, or discrimination are prioritized for reporting to higher authorities within 48 hours.

Child, Early, and Forced Marriage: The legal marriage age 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. Indigenous leaders reported cases in which sexual aggressors compensated violence with payment or exchange of animals, but in some cases, victims were forced to marry their aggressors. CARE International reported the government did not respond effectively to these cases, especially in Kichwa and Shuar indigenous communities.

Sexual Exploitation of Children: The age of consent is 14. The law prohibits sexual exploitation of children, including child pornography, with penalties of 22 to 26 years’ imprisonment. The penalty for human trafficking, including child sex trafficking, is 13 to 16 years in prison. Authorities did not criminalize all forms of child sex trafficking. The criminal code requires proof of force, fraud, or coercion as essential elements of a trafficking crime, neglecting to recognize that anyone younger than age 18 is unable to provide such consent. Child sex trafficking remained a problem, despite government enforcement efforts.

On May 5, the Pichincha Provincial Court upheld the convictions and maximum prison sentences of 25 years and four months for five members of a criminal ring responsible for trafficking an estimated 100 teenage girls in Quito since at least 2018. The group recruited teenage girls from low-income neighborhoods to attend parties in an affluent Quito neighborhood. The case was related to a February 2020 conviction against one of the same defendants to a 34-year sentence for rape resulting in the death of a 15-year-old girl.

Displaced Children: Humanitarian organizations expressed concern that an increasing number of unaccompanied refugee and migrant children entered via irregular crossings after the government closed its borders in March 2020 in response to the COVID-19 pandemic. International organizations remained concerned unaccompanied children and adolescents were vulnerable to exploitation and trafficking by criminal groups.

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/reported-cases.html.

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