On April 28, 2021, with seven votes in favor and two against, the Constitutional Court of Ecuador decriminalized abortion for rape after having upheld the action of unconstitutionality of article 150 of the Comprehensive Penal Code. This decision undoubtedly represents important advances, both in terms of human rights in general, and women’s rights in particular. However, in the aforementioned law there was a presidential veto.
The president’s veto resulted in the modification of 61 of the 63 articles of the bill that had been originally approved by members of the Assembly.
Although the law had in principle established an 18-week period for the voluntary termination of pregnancy of girls, adolescents, indigenous and rural women who have been raped, the amendment after the veto reduced the period to 12 weeks.
In addition, the final law establishes that, in order for women to have access to voluntary termination of pregnancy in cases of rape, they must meet certain requirements — for example, a prior report by the victim or any person who has knowledge of the case. , or the signature of a sworn statement by the victim.
The process has strained the relationship between the parties, and the final results fell far short of the expectations that had been generated among feminist organizations.
Despite the evidence and numerous international experiences, one of the fears that had been embedded in society was that of an exponential increase in the number of abortions. This statement does not correspond to reality, but on the contrary, thanks to the new law, many clandestine abortions and their consequent medical complications can now be avoided.
According to the World Health Organization (WHO), there is scientific evidence that banning abortion increases the risk of such clandestine practices, which often result in the death of the mother.
According to this organization and Amnesty International, unsafe abortions cause 39,000 deaths a year, are the third most common cause of maternal death in the world and produce 5 million disabilities, largely preventable.
In Latin America, this situation is particularly dramatic in countries like Honduras, El Salvador and Nicaragua, which maintain laws that prohibit abortion in virtually all circumstances. .
However, it is worth noting that the Ecuadorian Constitutional Court has made progress in recognizing the sexual and reproductive rights of victims of sexual violence, an undoubtedly essential step in terms of human rights.
A historical review of women’s rights in Ecuador
Historically, women have faced obstacles and impediments to exercising their rights. Despite advancing slowly over the years, multiple challenges still remain. In this sense, it must be borne in mind that gender relations express power relations and, therefore, every time one tries to change this order, conflicts occur within society.
There have been atrocities that are part of our history. For centuries women were not conceived as citizens, and until the beginning of the 20th century we did not have the right to vote. But despite everything, over time, many rights were achieved.
Ecuador was one of the first countries to recognize the right of suffrage for women, thanks to Matilde Hidalgo, who, after several efforts, finally got the approval of women’s suffrage in 1929.
In 1981, Ecuador ratified the Convention on the Elimination of All Forms of Discrimination against Women, which determined that certain temporary special measures aimed at accelerating de facto equality between men and women would not be considered discriminatory.
In 1997, the first quota law was enacted to guarantee the right to work and non-discrimination in the workplace.
In 2008, the Constitution established transcendental norms by determining the equal representation of women and men in positions of appointment or designation of the public service, in the bodies of direction and decision, and in political parties and movements. In 2013, the National Assembly had, for the first time in history, a high degree of gender equity with 38% women.
In 2018, the approval of the Global Organic Law for the Prevention and Eradication of Gender-Based Violence against Women was a fundamental milestone, as political violence was recognized as one of the types of violence against women.
Subsequently, in 2020, the Reforms to the Democracy Code were approved, which for the first time determined sanctions for political violence based on gender and the obligation of political organizations to register members on their lists for pluripersonal and one-person elections based on parity and inclusion criteria.
Ecuador is improving in protecting the rights of women, girls and adolescents. But while the regulation is evolving and adapting to the needs of a more equitable society, there is still the challenge of ensuring that its application is effective and that it truly benefits gender equality.
If a country does not defend the human rights of its women, and of its population in general, it will not be able to develop its democracy or generate the relationships of equity, transparency and trust on which good governments are built. Therefore, the struggle for women’s rights must continue to be strengthened so that it is possible to build a better society.
*Translation from Spanish by Giulia Gaspar.
