We write in advance of the 98th session of the Committee on the Rights of the Child and its review of Ecuador. This submission is an update to our 2021 contribution to the list of issues prior to reporting,[1] and focuses on school-based sexual and gender-based violence, including digital sexual violence; access to abortion; protection from violence and recruitment by criminal gangs; and the impact of insecurity on education.
School-based Sexual and Gender-Based Violence (articles 19, 28, and 34)
Sexual Violence in Schools and Compliance with Inter-American Court Ruling
Sexual and gender-based violence is a long-standing, pervasive problem in Ecuador’s schools. From January 2014 until October 2024, the Ministry of Education reported a total of 6,814 cases of sexual violence perpetrated by members within the educational community, such as teachers, school authorities, other school staff, janitors, as well as students.[2] The Ministry of Education classifies school bus drivers as external to the educational system. Human Rights Watch analysis shows they were perpetrators in 79 cases during this time period. The Ministry of Education does not publish data on the disability status of victims, despite collecting this information; it also does not collect information on race/ethnicity. Collecting this information would strengthen data collection efforts and provide a better understanding of the prevalence of sexual violence in schools.
In 2020, Human Rights Watch found that sexual violence against children from preschool through secondary school was entrenched in Ecuador’s education system, characterized by impunity and serious obstacles faced by young victims and their families when seeking justice.[3] Human Rights Watch found that many teachers, as well as school staff, janitors, and bus drivers, raped, sexually abused or harassed children of all ages, some as young as 3 years old. Many students also committed sexual violence against their peers, including in online spaces. After reporting the abuses, some survivors faced harassment, bullying, and intimidation from teachers, principals, abusers’ families, and parent-school associations. In many cases, private schools concealed cases in order to protect the school or staff’s reputation, often jeopardizing victims’ or families’ efforts to report cases. In 2020, a Human Rights Watch analysis found that only three percent of reported cases of sexual violence against children and adolescents had gone to trial.[4]
In August 2020, the Inter-American Court of Human Rights ruled against Ecuador in Paola Guzmán Albarracín v. Ecuador, and set out the government’s obligations to comprehensively protect students from sexual violence in its schools.[5] The Court ordered the government to improve prevention and response to sexual violence in schools, dissemination of information and statistics, and access to justice and comprehensive reparations.[6] It concluded that the “right to education encompasses education on sexual and reproductive rights.”[7]
Between 2022 and 2024, Human Rights Watch conducted additional research which found that the Ecuadorian government has put in place numerous measures to comply with the ruling.[8] However, these measures have not progressed at the scale and pace needed to ensure that all children are safe from sexual violence in schools.[9] Human Rights Watch found that significant gaps in the government’s response to prevent and tackle abuses in Ecuador’s education and judicial systems prevail. Many schools still fail to report abuses or fully implement required protocols.[10] Judicial institutions do not adequately investigate or prosecute sexual offenses against children, affecting survivors’ ability to find justice.[11]
For example, the use of Gesell chambers for collecting child victims’ testimony is complicated by the limited number across the country, scarce funds to repair those that are not functional, and failure to initiate or grant a request for collecting specialized testimony from victims.[12] As of June 2024, the Judiciary Council operated more than 100 Gesell chambers, 74 of which are currently functional.[13] Children in remote rural areas far from provincial capitals must travel a long way to be interrogated in a Gesell chamber, most often at their own cost.[14]
Since 2021, the Ministry of Education has launched several comprehensive sexuality education (CSE) initiatives in schools.[15] However, authorities have faced challenges to properly train school staff, particularly facing pushback or resistance on topics related to adolescent pregnancy prevention, gender, sexual orientation, and gender identity.[16]
In October 2023, the Ministry of Education issued the National Strategy on Comprehensive Sexuality Education (Estrategia Nacional de Educación Integral en Sexualidad, or ENEIS), to be implemented through 2030, requiring its application in all schools across the country.[17] In May 2024, the ministry began implementation of the strategy in 1,120 schools, with plans to evaluate implementation in 2025, and increase the number of schools over time.[18]
Religious and political groups inside and outside education institutions have also hampered efforts to implement CSE in schools. Former Ministry of Education staff leading CSE-related initiatives told Human Rights Watch they faced false accusations of “indoctrinating” children, along with criticism based on claims that sexuality education is solely the responsibility and right of the family.
For example, in November 2024, a video published by a former Member of the National Assembly on Twitter/X falsely accused the Ministry of Education of “indoctrinating” children on “gender ideology,”[19] claiming that steps to provide children with information on gender identity, undermined child protection.[20] The Ministry of Education responded publicly, stating it had taken down resources highlighted by the former policymaker, with a post on its official Twitter/X channel clarifying that “The Ministry of Education does not implement indoctrination programs in any of its initiatives.”[21] Initial Human Rights Watch analysis when the website was down showed that official ministry websites taken down include those from the ministry’s “Sexualipedia” channel, which included key youth-responsive resources adapted to different ages, developmental stages and school levels. CSE content explored through the deleted channel’s video series, comic books and text, included explainers on healthy relationships, consent, prevention of pregnancy, comprehensive information on puberty, menstruation, HIV and life with HIV, an explainer on gender identity, and sexting.[22]
Following reporting by Wambra Ecuador and criticism by civil society,[23] the Ministry of Education has brought back some, but not all content, notably episodes with titles referring to the nonbinary gender remain unavailable. The ministry stated in a Twitter/X post in response to Wambra that “the remaining [episodes] are undergoing rigorous scientific validation, in collaboration with academic experts to ensure that they meet the highest educational standards.”[24]
In August 2024, Ecuador’s President signed a decree for a Public Policy to Eradicate Sexual Violence in Schools, which details the government’s plans to tackle sexual violence through 2030 and is an important step in addressing the problem.[25] However, Human Rights Watch analysis shows the policy lacks adequate long-term funding, which could affect its implementation, reinforce longstanding barriers to effective response, and jeopardize the implementation of the policy’s prevention and “access to justice and reparations” aims.[26] For example, the estimated budget for “access to justice and reparations” through 2030 is just US$1.5 million for the several institutions responsible for carrying out activities under this aim. In contrast, the Judiciary Council has said that it needs a total yearly budget of $22 million to maintain its services specializing in addressing violence cases.[27]
On August 14, 2024, the National Day to Fight Against Sexual Violence in Schools, Minister of Education Alegría Crespo Cordovez reaffirmed the government’s commitment to zero tolerance on sexual abuse and violence in educational settings.[28]
School-Related Digital Sexual Violence
In Ecuador, digital and technology-enabled forms of violence are a growing threat for many children and young adults, particularly as remote learning, internet usage and access to devices has increased significantly in recent years.[29] Online learning that began during the Covid-19 pandemic continues to be employed in response to school closures due to insecurity, crime, natural disasters, or other crises.[30] A 2022 UNICEF survey of Ecuadorian adolescents and youth under age 25 found that 20 percent of respondents faced threats or risks online of grooming, viral challenges, photos, sexting, sharing of images, or sextortion.[31]
Globally, Covid-19-related lockdowns saw an increase in the creation and distribution of child sexual abuse material (CSAM).[32] For example, in 2019, the National Center for Missing & Exploited Children (NCMEC) received 98,669 reports of suspected child sexual exploitation from Ecuador, which increased to 242,631 reports in 2020.[33] In the following years, NCMEC received from Ecuador 118,322 reports in 2021, 168,314 in 2022, and 136,302 in 2023.[34]
In 2020, the government had adopted a Public Policy for a Safe Internet for Children and Adolescents, and in September 2023, in response to a Constitutional Court ruling, the Ministry of Education published protocols for addressing digital violence in the educational system.[35] However, experts and government officials involved in developing the policy have stated that efforts to implement some of its activities have stalled due to lack of political will and resources. Human Rights Watch understands that government institutions are working to update the policy.
Human Rights Watch recommends that the Committee ask the government of Ecuador:
- What is the implementation status of the Public Policy to Eradicate Sexual Violence in Schools, signed into decree in August 2024? What steps is the government taking to ensure adequate, long-term funding for institutions to achieve all of its planned activities?
- What is the implementation status of the National Strategy on Comprehensive Sexuality Education (ENEIS), published in October 2023?
- What plans does a) the ministry have to scale up implementation in schools going forward and b) ensure its implementation adheres to internationally-endorsed standards on comprehensive sexuality education?
- What is the implementation status of the activities planned in the Public Policy for a Safe Internet for Children and Adolescents, and what funding has been assigned to carry out these activities?
Human Rights Watch recommends that the Committee call on the government of Ecuador to:
- Approve adequate national budgets for the prevention of school-related sexual and digital violence commensurate with the scale of this violence, including budgets for the prevention of gender-based violence.
- Thoroughly and effectively investigate and, as appropriate, prosecute all cases of school-related sexual and digital violence.
- Allocate adequate resources toward staffing prosecutors’ offices with professionals who have expertise in working with children, including victims of sexual and gender-based violence and those with disabilities.
- Ensure the rights of child victims and their relatives under Ecuadorian law are protected throughout judicial proceedings, including by prioritizing their cases, seeking to ensure child victims only need to testify once or on as few occasions as necessary to ensure justice, conducting interviews in a Gesell chamber, strictly guarding confidentiality, and providing children and their relatives appropriate and accessible psychosocial services, including therapy.
Access to Abortion (articles 3, 6 and 24)
On April 28, 2021, the Ecuadorian Constitutional Court issued a ruling decriminalizing abortion in any case of pregnancy resulting from rape.[36] A prior law allowed such abortions only in cases where the pregnant person had an intellectual disability.[37]
A year after the Court’s ruling, legislation implementing this change that had passed by the National Assembly faced a partial veto from President Guillermo Lasso.[38] The veto introduced a uniform gestational limit of 12 weeks for all women and girls seeking abortion, and a requirement that in cases of rape, the victim provide either a police report regarding the crime, a sworn statement, or documentation of results from a health examination. For girls and adolescents under the age of 18, the partial veto also mandated that the victim obtain authorization from a legal guardian or adult representative to access abortion care. The order also specified that healthcare professionals and private hospitals are allowed to refuse to perform abortions.
These requirements not only severely undermine the court’s ruling, but in violation of Ecuador’s human rights obligations, create unjustified barriers for girls to access abortion, essential reproductive healthcare to which they are entitled. The requirements disproportionately impact girls and adolescents, who are especially likely to face barriers, stigma, and discrimination when seeking abortion services. Requiring adult authorization denies them the ability to make decisions about their own bodies, disregarding their evolving capacities and violating their right to consent and their autonomy.
Following President Lasso's partial veto, civil society organizations have returned to the Constitutional Court to challenge the constitutionality of the president’s order.[39] In response, the court has issued precautionary measures, including temporary suspensions of the requirement that rape survivors seeking access to abortion care provide a police report, medical examination, or sworn statement, and the provisions requiring girls obtain authorization from a parent or guardian.[40] The court also temporarily suspended several articles concerning conscientious objection, and a provision that imposed mandatory ultrasound scans on rape survivors seeking abortions.
But girls still face significant barriers to access abortion, such as sexual violence survivors and people with high-risk pregnancies requiring multiple hospital visits due to extensive medical and psychological evaluations, as well as concerns over violations of doctor-patient confidentiality.[41] Additionally, lack of information or misinformation about abortion further undermines girls and adolescents’ ability to make informed decisions about their reproductive health and choices.
In a 2021 report, Human Rights Watch found that women and girls living in poverty were much more likely to be affected by Ecuador’s criminalization of abortion. In cases reviewed by Human Rights Watch, most of the women and girls prosecuted for undergoing an abortion were from regions with substantial Indigenous or Afro-descendant populations and were young. From the 78 cases of women and girls where their age could be determined, the majority, 61 percent, were ages 18-24; 12 percent were girls under age 18. A disproportionate number were from rural areas of the country.[42]
In March 2024, the Justa Libertad Movement filed a lawsuit before the Constitutional Court seeking a declaration of unconstitutionality with respect to article 149 of the criminal code, which establishes abortion as a crime, with penalties of 1 to 3 years in cases of consensual abortion.[43]
Human Rights Watch recommends that the Committee call on the government of Ecuador to:
- Decriminalize abortion in all circumstances.
- Guarantee pregnant girls and adolescents over 18 access to safe abortion services in any situation where a pregnancy has resulted from sexual violence.
- Ensure that girls can access safe and legal abortion services autonomously, without requiring authorization from a legal guardian or adult representative.
- Ensure that girls receive timely and appropriate information about consent, sexual violence, abortion, and how to access abortion care, through provision of comprehensive sexuality education in schools.
- Implement public awareness campaigns to destigmatize abortion and raise awareness about the rights of survivors of sexual violence to access safe and legal abortion services, emphasizing the importance of supporting their autonomy and decision-making.
Protection from Violence and Recruitment by Criminal Gangs (articles 6, 19, and 28)
In a context of fragile democratic institutions, Ecuador has experienced a dramatic surge in violence and organized criminal activity, leading to unprecedented levels of homicides. Homicides rose 429 percent from the first half of 2019 to 2024, when 3,036 were recorded, a 16 percent drop compared to the same period in 2023 but still higher than the 2,128 in 2022.[44]
Authorities reported around 8,000 homicides in 2023[45] with at least 770 involving children and adolescents, a 640 percent growth compared to 2019 according to official data analyzed by the United Nations Children’s Fund (UNICEF).[46] The Ecuadorian Observatory on Organized Crime reported that homicides of children and older adolescents aged 15 to 19 continued to rise in 2024, showing a 17 percent increase compared to the first half of 2023, reaching 286 homicides in six months.[47]
These numbers serve as a stark indication of the proliferation of criminal groups. Ecuadorian human rights organizations and UNICEF have warned about the rise of child recruitment by such groups,[48] particularly among children over 12 years old, according to the police.[49] According to media sources police data shows that over 3,086 children were detained for crimes like kidnappings, extorsion and homicides between January and October 2024, almost doubling 2023 numbers.[50]
Guayaquil has been described as a “locus of underage recruitment,” according to Insight Crime, with “hitmen” targeting schools to train children.[51] Children recruited into gangs engage in various roles, from serving as a lookout, to selling drugs, collecting extortion money, transporting cocaine, or becoming assassins.[52] Girls are recruited for sexual exploitation.[53]
The UN Special Rapporteur on extreme poverty and human rights concluded after a visit to the country in September 2023 that “[a] lack of job opportunities and poor education have made young people easy recruits for criminal gangs,” creating a “vicious cycle” due to the connections between socio-economic conditions and crime rise.[54]
Impact of Insecurity on Education
Increasing violence, control by organized crime groups, and government measures adopted to respond to the escalation of insecurity have had a dire impact on the rights of children, including education.[55] On January 9, 2024, President Daniel Noboa decreed[56] an “internal armed conflict” against gangs that has led to human rights violations by security forces.[57] The Constitutional Court has repeatedly ruled the decree unconstitutional, citing lack of evidence to conclude the violent situation in the country amounts to an armed conflict under international humanitarian law. Following the passage of the decree, Ecuador’s education ministry temporarily halted all in-person classes and transitioned to online learning for all schools nationwide, impacting the education of nearly 4.3 million children, as reported by UNICEF.[58] The violence witnessed on the streets spilled over into online classes as well. In some of Ecuador’s provinces, unknown, masked individuals—in one case armed—reportedly infiltrated online classes to threaten students and teachers.[59] All schools reopened fully in March, nearly two months after the declaration.[60]
Insecurity and crime may affect schools’ ability to respond to sexual violence and increase the vulnerability of children and teachers.[61] Criminals have thrown or threatened to throw explosive devices near schools, and threatened teachers and students.[62] Students recruited into gangs have also extorted teachers and students.[63]
Human Rights Watch recommends that the Committee:
- Call on Ecuador to ensure the protection of children and adolescents from violence and recruitment by organized crime.
- Urge the government of Ecuador to review its declaration that the country is facing an armed conflict, in line with the Constitutional Court’s decisions and international law, given the threat to rights posed by improperly invoking the existence of an armed conflict to justify rights restrictions, suspensions or derogations.
- Urge Ecuador to improve criminal investigations into child recruitment and to provide appropriate assistance to children and adolescents who are victims of such recruitment.
- Encourage Ecuador to adopt rights-respecting policies that include long-term socio-economic measures that prioritize the well-being of children and increase job opportunities for out-of-school young people.
- Call on Ecuador to guarantee access to basic services and rights for children, including quality education in a safe environment, ensuring children in areas worst affected by high rates of violence are able to continue learning, in-person or through remote learning programs.
[1] Human Rights Watch, “Submission to the Committee on the Rights of the Child: Review of Ecuador, 90th Pre-Session,” July 2021, available at https://www.hrw.org/sites/default/files/media_2021/07/Final%20CRC%20Ecuador%20Pre%20Session%20Submission%20July%202021.pdf.
[2] Ecuador Ministry of Education, “Casos de violencia sexual detectados o cometidos en el Sistema Educativo,” January 2014 – October 2024, https://educacion.gob.ec/informacion-educativa/ (accessed November 25, 2024).
[3] Human Rights Watch, “It’s a Constant Fight:” School-Related Sexual Violence and Young Survivors’ Struggle for Justice in Ecuador (New York: Human Rights Watch, 2020), https://www.hrw.org/report/2020/12/09/its-constant-fight/school-related-sexual-violence-and-young-survivors-struggle.
[4] Ibid.
[5] For more information, see, “Amicus Curiae in the case of Guzmán Albarracín y otras vs. Ecuador,” Human Rights Watch amicus curiae, July 15, 2020, https://www.hrw.org/news/2020/07/15/amicus-curiae-case-guzman-albarracin-y-otros-vs-ecuador.
[6] See, Inter-American Court of Human Rights, “Caso Guzmán Albarracín y Otras vs. Ecuador, Sentencia de 24 de junio de 2020 (Fondo, Reparaciones y Costas),” https://www.corteidh.or.cr/docs/casos/articulos/seriec_405_ing.pdf (accessed March 29, 2024); “Paola Guzmán Albarracín v. Ecuador” in Human Rights Watch, “It’s a Constant Fight.”
[7] Inter-American Court of Human Rights, “Caso Guzmán Albarracín y Otras vs. Ecuador, Sentencia de 24 de junio de 2020 (Fondo, Reparaciones y Costas), Resumen oficial emitido por la Corte Interamericana,” https://www.corteidh.or.cr/docs/casos/articulos/resumen_405_esp.pdf (accessed March 29, 2024).
[8] Human Rights Watch, “Like Patchwork”: Ecuador’s Slow Progress Tackling and Preventing School-Related Sexual Violence (New York: Human Rights Watch, 2024), https://www.hrw.org/report/2024/07/24/patchwork/ecuadors-slow-progress-tackling-and-preventing-school-related-sexual.
[9] Ibid.
[10] See, “I. Slow Progress in Tackling School-Related Sexual Violence,” in “Like Patchwork,” pp. 15-31.
[11] See, “III. Limited Progress in Access to Justice and Reparations,” in “Like Patchwork,” pp. 46-58.
[12] A Gesell chamber is a room where children are interviewed by a specialized child psychologist, while legal counsel and prosecutors observe from another room through a one-way mirror. According to protocols on forensic interviewing methods issued by the government, interviews with victims under 18 should take place in Gesell chambers in order to minimize re-traumatization and the number of times a child has to retell their story. See, “Investigation of Sexual Violence Cases,” in “Like Patchwork,” pp. 49-51.
[13] Letter from the Judiciary Council to Human Rights Watch, June 27, 2024, pp. 20-21, on file with Human Rights Watch; and “En la lucha por la disminución de la impunidad y revictimización en los casos de violencia sexual en Ecuador,” AECID Ecuador news release, April 2023, https://aecid-ecuador.ec/2023/04/26/en-la-lucha-por-la-disminucion-de-la-impunidad-y-revictimizacion-en-los-casos-de-violencia-sexual-en-ecuador/ (accessed June 24, 2024).
[14] Human Rights Watch, “It’s a Constant Fight,” pp. 57-59.
[15] UN agencies have also provided the ministry and other institutions support on efforts to raise awareness of sexual and gender-based violence, including digital violence, and to combat adolescent pregnancy. Human Rights Watch interviews with UN agency officials, July 19 and August 2, 2023; and with an official from an international organization, April 19, 2023; and letter from the Ministry of Education to Human Rights Watch, February 13, 2023, pp. 16-17, on file with Human Rights Watch. See also Ministry of Education, “Agenda Educativa Digital 2021 – 2025,” 1st Edition, 2021, https://educacion.gob.ec/wp-content/uploads/downloads/2022/02/Agenda-Educativa-Digital-2021-2025.pdf (accessed June 24, 2024); “El mundo virtual de Eugenia, la campaña del Ministerio de Educación para promover el uso seguro de la Internet,” July 7, 2020, https://internetsegura.gob.ec/?p=529 (accessed June 24, 2024); “El Mundo Virtual de Eugenia” (webpage) [n.d.], https://recursos.educacion.gob.ec/red/eugenia/ (accessed June 24, 2024); and “Educando en Familia” (webpage) [n.d.], https://educacion.gob.ec/educando-en-familia/ (accessed June 24, 2024); Ministry of Education, UNESCO, UNICEF, and the UN Refugee Agency (UNHCR), “La Educacion es el Camino” (webpage), 2024, https://laeducacioneselcamino.org/metodologias-reconoce/ (accessed June 24, 2024); and Ministry of Education, UNESCO, UN Population Fund (UNFPA), FLACSO (Latin American Faculty of Social Sciences, or Facultad Latinoamericana de Ciencias Sociales) Argentina, and the National Education University of Ecuador (Universidad Nacional de Educación del Ecuador, or UNAE), “Reconoce Oportunidades Curriculares de EIS” (webpage) [n.d.], https://padlet.com/reconoceoportunidades/reconoce-oportunidades-curriculares-de-eis-xx0yvnjp60lffk5q (accessed June 24, 2024).
[16] See, “Comprehensive Sexuality Education,” section in “Like Patchwork,” pp. 39-43.
[17] Ministry of Education, Accord No. MINEDUC-MINEDUC-2023-00065-A, October 23, 2023, available at https://educacion.gob.ec/wp-content/uploads/downloads/2023/10/MINEDUC-MINEDUC-2023-00065-A.pdf (accessed June 24, 2024); Estrategia Nacional de Educación Integral en Sexualidad, 2023, https://educacion.gob.ec/wpcontent/uploads/downloads/2023/11/Educar-es-Prevenir-Sexualidad.pdf (accessed June 10, 2024); Letter from the Ministry of Education to Human Rights Watch, December 18, 2023, on file with Human Rights Watch.
[18] Letter from the Ministry of Education, June 25, 2024, on file with Human Rights Watch.
[19] “Gender ideology” is a catch-all term generally intended to denote a LGBT and feminist effort to undermine “traditional” values. First propagated by the Vatican, the concept has been popularized by opportunistic politicians and ideologues around the world who, among other things, denounce the alleged “indoctrination” of children with information related to gender and sexuality. Given its lack of a precise definition, proponents have conveniently deployed the term to attack a host of different issues, such as comprehensive sexuality education, same-sex marriage, feminism, reproductive rights, and transgender people’s rights.
[20] Ministry of Education (@Educacion_Ec), X (formerly Twitter) post, November 4, 2024, https://x.com/Educacion_Ec/status/1853431657501515825?t=6MPcUJRhe_y8PYGgqVYHUA&s=19 (accessed November 27, 2024).
[21] Ibid.
[22] Ministry of Education, “Derechos sexuales y reproductivos: Sexualipedia,” https://web.archive.org/web/20240709060313/https://recursos.educacion.gob.ec/red/derechos-sexuales-y-reproductivos/ (accessed November 28, 2024); Ministry of Education, “Sexualipedia,” https://recursos.educacion.gob.ec/red/sexualipedia/ (accessed November 28, 2024).
[23] Sinchi Gómez Toaza, "¿Qué pasó con el retiro de materiales sobre Educación Sexual Integral, ESI, del Ministerio de Educación?” Wambra, December 5, 2024, https://wambra.ec/retiro-materiales-educacion-sexual-integral-ecuador/ (accessed December 9, 2024); “Pronunciamiento público en defensa del derecho a la Educación Integral de la Sexualidad,” https://www.canva.com/design/DAGXPuQVEAA/RHZ4uuAbD_yi8FS_JrhoBw/view?utm_content=DAGXPuQVEAA&utm_campaign=designshare&utm_medium=link2&utm_source=uniquelinks&utlId=h83b566078e (accessed December 9, 2024).
[24] Ministry of Education (@Educacion_Ec), X (formerly Twitter) post, December 5, 2024, https://x.com/Educacion_Ec/status/1864807535854624923 (accessed December 9, 2024).
[25] Government of Ecuador, Public Policy to Eradicate Sexual Violence in Schools, August 2024, http://esacc.corteconstitucional.gob.ec/storage/api/v1/10_DWL_FL/eyJjYXJwZXRhIjoicm8iLCJ1dWlkIjoiMDE1NjY3ZjUtMzljNC00MjFkLWE3YTYtM2JiNjFkODljZDZhLnBkZiJ9 (accessed November 25, 2024).
[26] “Ecuador Sets Plan to End Sexual Violence in Schools,” Human Rights Watch news release, August 29, 2024, https://www.hrw.org/news/2024/08/29/ecuador-sets-plan-end-sexual-violence-schools.
[27] Letter from the Judiciary Council to Human Rights Watch, June 27, 2024, pp. 3-5, on file with Human Rights Watch.
[28] Ministry of Education (@Educacion_Ec), X (formerly Twitter) post, August 14, 2024, https://x.com/Educacion_Ec/status/1823721914742816879 (accessed November 25, 2024).
[29] Instituto Nacional de Estadística y Censos (INEC), Tecnologías de la Información y Comunicación-TIC, July 2024, “Información Estadística,” https://www.ecuadorencifras.gob.ec/tecnologias-de-la-informacion-y-comunicacion-tic/ (accessed October 28, 2024).
[30] Ministry of Education, X (formerly Twitter) post, January 9, 2024, https://twitter.com/Educacion_Ec/status/1744820450041962720 (accessed April 15, 2024); Ministry of Education, X (formerly Twitter) post, October 12, 2024, https://x.com/Educacion_Ec/status/1845248890653557076 (accessed December 13, 2024).
[31] UNICEF, “Internet Seguro, U-Report, Resultados encuesta,” 2022, https://www.unicef.org/ecuador/sites/unicef.org.ecuador/files/2023-03/Resultados-Internet-Seguro.pdf, p. 17.
[32] ECPAT, “Why Children are at Risk of Sexual Exploitation during COVID-19,” April 7, 2020, https://ecpat.org/story/why-children-are-at-risk-of-sexual-exploitation-during-covid-19/ (accessed December 13, 2024).
[33] Note from National Center for Missing & Exploited Children (NCMEC): “Most CyberTipline reports include geographic indicators related to the upload location of the CSAM. It is important to note that country-specific numbers may be impacted by the use of proxies and anonymizers. In addition, each country applies its own national laws when assessing the reported content. These numbers are not indicative of the level of child sexual abuse in a particular country.” See, NCMEC, “2019 CyberTipline Reports by Country,” 2020, https://www.missingkids.org/content/dam/missingkids/pdfs/2019%20CyberTipline%20Reports%20by%20Country.pdf (accessed December 13, 2024); and NCMEC, “2020 CyberTipline Reports by Country,” 2021, https://www.missingkids.org/content/dam/missingkids/pdfs/2020-reports-by-country.pdf (accessed December 13, 2024).
[34] NCMEC, “2021 CyberTipline Reports by Country,” 2022, https://www.missingkids.org/content/dam/missingkids/pdfs/2021-reports-by-country.pdf (accessed December 13, 2024); NCMEC, “2022 CyberTipline Reports by Country,” 2023, https://www.missingkids.org/content/dam/missingkids/pdfs/2022-reports-by-country.pdf (accessed December 13, 2024); and NCMEC, “2023 CyberTipline Reports by Country,” 2024, https://www.missingkids.org/content/dam/missingkids/pdfs/2023-reports-by-country.pdf (accessed December 13, 2024).
[35] Ecuador Constitutional Court, Sentence No. 456-20-JP/21, November 10, 2021, http://esacc.corteconstitucional.gob.ec/storage/api/v1/10_DWL_FL/e2NhcnBldGE6J2VzY3JpdG8nLCB1dWlkOic1ZjYyMmNhNy04NGNlLTQ0MDMtYmY1MC1hNjcwY2YwMWZmZTcucGRmJ30= (accessed December 13, 2024); Ministry of Education, “Protocolo de actuación frente a situaciones de violencia digital detectadas en el Sistema Nacional de Educación,” September 2023, https://educacion.gob.ec/wp-content/uploads/downloads/2023/09/protocolo_frente_a_violencia_digital.pdf (accessed November 27, 2024).
[36] Constitutional Court of Ecuador, Case No. 34-19-IN y acumulados, April 28, 2021, http://esacc.corteconstitucional.gob.ec/storage/api/v1/10_DWL_FL/e2NhcnBldGE6J3RyYW1pdGUnLCB1dWlkOidiZGE2NDE0YS1jNDI1LTQzMGMtYWViNi1jYjY0ODQ1YTQ2NWUucGRmJ30= (accessed March 15, 2024).
[37] “Ecuador: Criminalizing Abortion Affects Rights, Health,” Human Rights Watch news release, July 14, 2021, https://www.hrw.org/news/2021/07/14/ecuador-criminalizing-abortion-affects-rights-health.
[38] See Guillermo Lasso X (formerly Twitter) post, March 16, 2022, https://twitter.com/LassoGuillermo/status/1503884862318592002 (accessed March 15, 2024).
[39] Surkuna, “Demandas de inconstitucionalidad a la Ley de aborto por violación,” October 24, 2023, https://surkuna.org/demandas-de-inconstitucionalidad-a-la-ley-de-aborto-por-violacion/ (accessed March 15, 2024).
[40] Eduardo Varas, “Corte Constitucional suspende requisitos para acceder a aborto por violación en Ecuador,” GK, November 29, 2022, https://gk.city/2022/11/29/corte-constitucional-suspende-requisitos-acceder-aborto-violacion-ecuador/ (accessed March 15, 2024); Susana Roa Chejín, “La Corte Constitucional suspende la vigencia de tres artículos de la ley del aborto en casos de violación,” GK, July 4, 2022, https://gk.city/2022/07/04/corte-constitucional-suspende-vigencia-tres-articulos-ley-aborto-por-violacion/ (accessed March 15, 2024).
[41] Surkuna, Acceso a la Interrupción Voluntaria del Embarazo (IVE) en Ecuador: desde el 29 de abril de 2022 hasta el 31 de julio de 2023, https://surkuna.org/wp-content/uploads/2023/08/Reporte_IVE_31-de-julio-de-2023.pdf (accessed March 15, 2024).
[42] Human Rights Watch, “Why Do They Want to Make Me Suffer Again?”: The Impact of Abortion Prosecutions in Ecuador (New York: Human Rights Watch, 2021),
https://www.hrw.org/report/2021/07/14/why-do-they-want-make-me-suffer-again/impact-abortion-prosecutions-ecuador.
[43] Catalina Oquendo, “La marea verde llega a Ecuador: un nuevo movimiento demanda la eliminación del delito de aborto ante el Constitucional,” El País, March 19, 2024, https://elpais.com/america/lideresas-de-latinoamerica/2024-03-19/la-marea-verde-llega-a-ecuador-un-nuevo-movimiento-demanda-la-eliminacion-del-delito-de-aborto-ante-el-constitucional.html (accessed December 13, 2024).
[44] Observatorio Ecuatoriano del Crimen Organizado, “Boletín semestral de homicidios intencionales en el Ecuador: Análisis estadístico del primer semestre de 2024,” 2024, https://oeco.padf.org/wp-content/uploads/2024/09/Boletin-semestral-de-homicidios-Primer-semestre-de-2024_compressed.pdf (accessed December 13, 2024).
[45] Presidencia de la República del Ecuador, Daniel Noboa Azín, Presidente Constitucional de la República, Decree No. 110, January 8, 2024, available at https://static.poder360.com.br/2024/01/equador-decreto-estado-excecao-8-jan-2024.pdf (accessed March 26, 2024).
[46] United Nations Children’s Fund (UNICEF), “Ecuador: Homicide rate among children and adolescents soars 640 per cent in four years – UNICEF,” January 15, 2024, https://www.unicef.org/lac/en/press-releases/ecuador-homicide-rate-among-children-and-adolescents-soars-640-cent-four-years (accessed March 26, 2024).
[47] Observatorio Ecuatoriano del Crimen Organizado, “Boletín semestral de homicidios intencionales en el Ecuador: Análisis estadístico del primer semestre de 2024,” https://oeco.padf.org/wp-content/uploads/2024/09/Boletin-semestral-de-homicidios-Primer-semestre-de-2024_compressed.pdf.
[48] Alianza por los Derechos Humanos Ecuador, “La Protección de la Niñez Frente a la Crisis que vive el Ecuador,” February 6, 2024,
https://alianzaddhh.org/?p=241608 (accessed March 26, 2024); Comité Permanente por la Defensa de los Derechos Humanos, “Testimonios: Tres Caras del Reclutamiento Forsozo Infantil,” August 31, 2023, https://www.cdh.org.ec/testimonios/609-tres-caras-del-reclutamiento-forzoso-infantil.html (accessed March 26, 2024).
[49] Alexander García, “Crímenes de menores de edad en Ecuador crecieron casi ocho veces tras la pandemia,” Primicias, March 9, 2024, https://www.primicias.ec/noticias/seguridad/ecuador-crimenes-muertes-violentas-menores-edad/ (accessed December 13, 2024).
[50] “Menores reclutados por el crimen organizado, realidad alarmante en Ecuador,” La República, November 26, 2024, https://www.larepublica.ec/blog/2024/11/26/menores-reclutados-por-el-crimen-organizado-realidad-alarmante-en-ecuador/ (accessed December 13, 2024); “Menores reclutados por el crimen organizado, una realidad alarmante que crece en Ecuador,” Swissinfo, November 26, 2024, https://www.swissinfo.ch/spa/menores-reclutados-por-el-crimen-organizado%2C-una-realidad-alarmante-que-crece-en-ecuador/88338803; María Fernanda Ramírez, “Disputes Over Drug Trafficking Routes Drive Child Recruitment in Ecuador,” InSight Crime, December 4, 2023, https://insightcrime.org/news/disputes-over-drug-trafficking-routes-drive-child-recruitment-ecuador/ (accessed March 26, 2024).
[51] María Fernanda Ramírez, “Disputes Over Drug Trafficking Routes Drive Child Recruitment in Ecuador,” InSight Crime, December 4, 2023, https://insightcrime.org/news/disputes-over-drug-trafficking-routes-drive-child-recruitment-ecuador/.
[52] Ibid.
[53] Ibid.
[54] UN Human Rights Office of the High Commissioner (UNHCR), “Ecuador: Surging violence must be wake-up call to urgently address poverty, says UN expert,” September 8, 2023, https://www.ohchr.org/en/press-releases/2023/09/ecuador-surging-violence-must-be-wake-call-urgently-address-poverty-says-un (accessed March 26, 2024); End of mission statement by Mr. Olivier De Schutter Special Rapporteur on extreme poverty and human rights, Visit to Ecuador (28th of August to 8th September), available at https://www.ohchr.org/sites/default/files/documents/issues/poverty/sr/statements/20230908-eom-ecuadore-sr-poverty.pdf (accessed March 26, 2024).
[55] Carolina Mella, “Una infancia en medio de las balas: se dispara el asesinato de menores en Ecuador,” El País, January 29, 2024, https://elpais.com/america/2024-01-29/una-infancia-en-medio-de-las-balas-se-dispara-el-asesinato-de-menores-en-ecuador.html?event_log=oklogin (accessed March 26, 2024); Katherine La Puente, “Ecuador's Uptick in Violence Heightens Risks for Schoolchildren,” Human Rights dispatch, March 12, 2024, https://www.hrw.org/news/2024/03/12/ecuadors-uptick-violence-heightens-risks-schoolchildren.
[56] Presidente Constitucional de la República, Decree No. 110, January 8, 2024; and Decree No. 111, January 9, 2024, available at https://www.comunicacion.gob.ec/wp-content/uploads/2024/01/Decreto_Ejecutivo_No._111_20240009145200_20240009145207.pdf (accessed March 26, 2024)
[57] Under international law, the existence of an armed conflict is determined by a factual analysis of criteria including the level of organization of the armed groups and the intensity of hostilities. The Ecuadorian government has consistently failed to present sufficient evidence that fighting with any of the criminal groups constitutes a non-international armed conflict. See Human Rights Watch Letter to President Noboa on “internal armed conflict” and human rights violations in Ecuador, May 22, 2024, https://www.hrw.org/news/2024/05/22/letter-president-noboa-internal-armed-conflict-and-human-rights-violations-ecuador.
[58] UNICEF, “Ecuador: Homicide rate among children and adolescents soars 640 per cent in four years – UNICEF.”
[59] Ana María Cañizares, “Escuelas bajo amenaza y extorsión: el retrato de la violencia que impacta en niños, adolescentes y profesores en Ecuador,” CNN en español, February 6, 2024, https://cnnespanol.cnn.com/2024/02/06/violencia-extorsion-escuelas-ecuador-orix/ (accessed March 26, 2024); “Profesores, estudiantes, padres y madres de familia presentan ante Fiscalía una denuncia frente a las amenazas recibidas,” Unión Nacional de Educadores press release, January 17, 2024, https://une.edu.ec/profesores-estudiantes-padres-y-madres-de-familia-presentan-ante-fiscalia-una-denuncia-frente-a-las-amenazas-recibidas/ (accessed November 26, 2024); “El Ministerio de Educación ha contabilizado 36 amenazas en aulas virtuales,” Ecuavisa, January 15, 2024, https://www.ecuavisa.com/noticias/seguridad/ministerio-educacion-amenazas-aulas-virtuales-JE6633920 (accessed November 26, 2024).
[60] Ministry of Education, “100% de instituciones educativas a nivel nacional retornan a la presencialidad,” March 4, 2024, https://educacion.gob.ec/100-de-instituciones-educativas-a-nivel-nacional-retornan-a-la-presencialidad/ (accessed June 3, 2024).
[61] “Autoridades investigan amenaza a colegios fiscales de Durán,” El Comercio, May 22, 2023, https://www.elcomercio.com/actualidad/amenaza-contra-colegios-fiscales-duran.html (accessed November 26, 2024); Alexander García, “Escuelas de Guayaquil serán intervenidas por sicariato y extorsión,” Primicias, July 17, 2023, https://www.primicias.ec/noticias/sucesos/escuelas-guayaquil-intervenidas-sicariato-extorsion/ (accessed November 26, 2024); Ana María Cañizares, “Escuelas bajo amenaza y extorsión: el retrato de la violencia que impacta en niños, adolescentes y profesores en Ecuador,” CNN en español, February 6, 2024, https://cnnespanol.cnn.com/2024/02/06/violencia-extorsion-escuelas-ecuador-orix/.
[62] Anny Bazán, “Guayaquil: lanzan explosivo a una escuela por no pagar los $10.000 de la extorsión,” Expreso Ecuador, December 2, 2023, https://www.expreso.ec/guayaquil/lanzan-explosivo-escuela-pagar-10-000-extorsion-181325.html (accessed November 26, 2024); “Supuesta amenaza de bomba causó pánico en las escuelas de Babahoyo,” La Hora, November 8, 2022, https://www.lahora.com.ec/los-rios/supuesta-amenaza-bomba-panico-escuelas-babahoyo/ (accessed November 26, 2024); “Luego del debate presidencial, delincuentes lanzaron una bomba en una escuela,” El Diario, October 2, 2023, https://www.eldiario.ec/actualidad/luego-del-debate-presidencial-delincuentes-lanzaron-una-bomba-en-una-escuela/ (accessed November 26, 2024).
[63] Carolina Mella, “‘Tenemos miedo, es como vivir en guerra’: el infierno de estudiar en Durán, la ciudad más peligrosa de Ecuador,” El País, September 30, 2023, https://elpais.com/internacional/2023-09-30/tenemos-miedo-es-como-vivir-en-guerra-estudiar-en-la-ciudad-mas-peligrosa-de-ecuador.html (accessed November 27, 2024).
