Nicaragua and Ecuador Violated the Rights of Rape Victims
HAVANA TIMES – By forcing young rape victims to carry their pregnancies to term and their children, Ecuador and Nicaragua violated the victims’ right to live with dignity and subjected them to situations equivalent to torture, concluded the United Nations Human Rights Committee.
“Forcing young rape victims to endure unwanted pregnancies is more than denying them the possibility of choice; it is a violation of life with dignity, an act equivalent to torture, and a failure to protect some of the most vulnerable,” said Hélène Tigroudja, a member of the Committee.
On Monday the 20th, the Committee published its decisions on one case against Ecuador and two against Nicaragua, concerning incidents that date back to 2013 and 2014, respectively, involving girls aged 12 and 13 who became pregnant.
Norma (the Committee uses pseudonyms to protect the victims’ identities), from Ecuador, was 13 years old when she became pregnant as a result of incest perpetrated by her father, who had previously raped other girls in the family and had been reported to the authorities for those crimes.
In Ecuador, access to therapeutic abortion is practically impossible, despite being legally permitted to protect the life and health of pregnant women.
Norma was forced to carry her pregnancy to term and give birth to a child resulting from incest.
Despite her clear and express desire to have her child raised by other family members, she received incorrect information about adoption options and was ultimately forced to raise the child in poverty and without access to education.
Susana, in Nicaragua, was abandoned by her biological mother when she was one year old and sent to live with her grandparents. They kept her isolated, forced her to work, and denied her access to basic education.
She was six years old when her grandfather began sexually abusing her. Her grandfather had raped and abused her regularly before she became pregnant at age 12. Her grandmother had unsuccessfully sought protection and support for her from the authorities.
In Nicaragua, abortion is completely prohibited and penalized for both pregnant women and healthcare personnel. One day after the baby was born, Susana filed a criminal complaint and requested protection from her abusive grandfather.
After an arrest warrant was issued, the authorities informed Susana that they could not enforce it or provide other security guarantees because her grandfather was part of an armed group that controlled the area.
Susana had no other option but to stay with the child, who is now being raised by her grandmother.
Lucía, also from Nicaragua, was only 13 years old when the priest in her community began raping her and forcing her to take emergency contraceptive pills. After several months of sexual abuse, Lucía became pregnant.
Despite suffering from severe depression, she continued her secondary school studies with the support of her parents and filed a criminal complaint against the priest.
She and her family were threatened to drop the charges due to the perpetrator’s social and religious status, but they resisted. The authorities took no action against the priest despite the criminal charges filed against him.
Like Susana, Lucía could not access an abortion and was ultimately forced to carry her pregnancy to term. During childbirth, she was subjected to abuse and psychological and physical mistreatment by medical staff, resulting in further victimization. Lucía’s child is now being raised by her parents.
Since obtaining justice and effective remedies in Ecuador and Nicaragua was impossible, the three girls took their cases to the Committee, alleging that their rights under the International Covenant on Civil and Political Rights had been violated.
As these states did not investigate these rape cases or take measures to bring the perpetrators to justice, the Committee considered the lack of action as “an omission by the State Party concerning its obligation to exercise a reinforced duty of protection in the case of a child victim of violence.”
The Committee stated that the right to life, enshrined in Article 6 of the International Covenant on Civil and Political Rights, cannot be adequately understood if interpreted restrictively.
“The right to life also refers to the right to enjoy a dignified life,” emphasized Tigroudja.
She stated that State Parties “must take all necessary measures to address social conditions that may threaten the right to life or prevent individuals from enjoying their right to life with dignity, particularly in the case of children.”
“In these terrible cases, the violations by omission also include the failure to take the necessary measures to fully realize these girls’ right to sexual and reproductive health, as well as the failure to enact and enforce relevant laws,” Tigroudja added.
The Committee concluded that both State Parties had violated the victims’ right to life enshrined in Article 6 of the International Covenant on Civil and Political Rights.
It also found that both Ecuador and Nicaragua had violated Article 7, which prohibits torture and other cruel, inhuman, or degrading treatment or punishment, as the Covenant refers not only to physical pain but also to moral suffering.
The three girls experienced “a high level of suffering caused by sexual abuse, unwanted pregnancy, especially at such a young age, community stigma, and the emotional and financial burden of raising a child born of rape in a situation of poverty,” Tigroudja stated.
The Committee highlighted the absolute need to combat sexual violence, provide girls with sexual and reproductive health education to identify sexual violence and pregnancies, and ensure that all girls who are victims of sexual violence have effective access to abortion services.
It also urged the State Parties to take measures to remedy the harm caused by forced pregnancies and motherhood in the life projects of Norma, Susana, and Lucía, as well as to ensure access to education and psychological care for the children born of rape.