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Ecuador

Executive Summary

Ecuador is a constitutional, multiparty republic with an elected president and unicameral legislature. In 2017 voters elected President Lenin Moreno from the ruling party Alianza PAIS (Proud and Sovereign Fatherland) and chose members of the National Assembly in elections that were generally free and fair, marking a successful democratic transfer of power.

The National Police maintains internal security and law enforcement and is under the authority of the Ministry of Government (formerly the Ministry of Interior until August 1). The military is under the supervision of the Ministry of Defense and is responsible for external security. Police and military share responsibility for border enforcement. Migration officers are civilians and report to the Ministry of Government. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included reports of torture and abuse by police officers and prison guards; harsh and life-threatening prison conditions; the existence of criminal libel laws; violence against women; and the use of child labor.

The government took steps to investigate and prosecute officials who committed human rights abuses, as it engaged in efforts to strengthen democratic governance, fight corruption, and promote respect for human rights.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence. The government enforced these laws, 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 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.

A 2018 law provides reparation to victims of gender-based violence, while 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.

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

The NGO monitoring platform Alianza Mapeo reported 62 femicides countrywide as of August 8. Of the femicides, 60 percent were committed by a spouse or partner. According to the local organization Latin American Association for Alternative Development, most victims were either stabbed, strangled, or suffocated. While most victims were between 18 and 30 years old, one minor was also killed. 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.

On March 9, government officials launched a mobile application to accelerate the law enforcement response to complaints of gender-based violence, including rape. The Ministry of Social and Economic Inclusion, together with local and provincial governments and NGOs, 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.

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. Despite the legal prohibition of sexual harassment and government implementation of the law, women’s rights organizations described a tendency to not report alleged harassment, while harassment remained common in public spaces.

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 7, the National Technical Secretariat for Equality and Development told local press the average monthly income of an employed man was 20 percent more than a woman working under the same conditions.

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. NGOs reported the problem particularly affected refugee and migrant children. 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 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.

According to the Office of the Public Prosecutor in May, approximately six of 10 rape victims were children and adolescents. Media reported in June 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 alleged as perpetrators in 25 percent of all complaints. 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.

Bullying remained a problem in schools and increasingly occurred on social media. According to UNESCO statistics reported by media outlets, 23 percent of children suffered bullying and 7 percent cyberbullying in 2018. The government’s “Lifetime Plan” program establishes programs addressing different types of violence, including bullying.

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 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 sex trafficking for the purposes of commercial sexual exploitation of children younger than age 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/reported-cases.html.

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