Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence. Rape is punishable with penalties of up to 22 years in prison.
A 2011 government study found that 60 percent of women suffered from gender-based violence at some point during their lifetimes. Domestic violence is punishable with penalties ranging from four days to seven years in prison. The law provides penalties for physical violence, psychological violence, and sexual violence. According to the law, a prosecutor must investigate the victim’s complaint of domestic abuse before issuing a restraining order. There were reports that, in some cases, victims waited 10 days or more for a response from the Prosecutor’s Office. The law requires public hospitals to provide “first reception halls” to handle cases of sexual violence and domestic violence. The specialized halls–under the supervision of the Ministry of Health and staffed by physicians, psychologists, and social workers–offer immediate attention to the victim.
Based on 2016 statistics, there were 50 judicial units and 78 courts specializing in gender-based violence. The judicial units have responsibility for collecting complaints and assisting victims in ordering arrest warrants for up to 30 days of detention against the aggressor. The units forward serious abuse cases to prosecutors for criminal prosecution. Human rights activists stated that 16,000 cases of domestic violence were pending in the court system. They argued that the court system was insufficiently staffed to deal with the caseload.
Sexual Harassment: The penal code criminalizes sexual harassment and provides for penalties of one to five years in prison. Despite the legal prohibition of sexual harassment, women’s rights organizations described harassment in public spaces as common.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: .
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.
Birth Registration: Citizenship is acquired through birth in the country, birth to an Ecuadorian mother or father abroad, or by naturalization. A 2013 study by the vice presidency revealed that 5.5 percent of the population was not registered at birth.
Education: According to the constitution, education is obligatory through ninth grade and free through 12th grade. Nonetheless, costs for school-related items, such as uniforms and books, as well as a lack of space in public schools, continued to prevent many adolescents from attending school.
Child Abuse: On October 12, the Ministry of Education reported it received 882 complaints of sexual assault in schools between 2014 and 2017, with approximately 64 percent of the cases perpetrated by persons associated with the education system. On June 1, citing UNICEF, El Comercio reported that one of 10 women was sexually abused during childhood.
Early and Forced Marriage: The legal age of marriage is 18. There were reports of early and forced marriage in indigenous communities, particularly in cases of sexual abuse. 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 the aggressors.
Sexual Exploitation of Children: The law prohibits sexual exploitation of children, including child pornography, with penalties of 22 to 26 years’ imprisonment. The age of consent is 14. The penalty for commercial sexual exploitation of children under the age of 18 is 13 to 16 years in prison. Commercial sexual exploitation of minors 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 travel.state.gov/content/childabduction/en/legal/compliance.html.
There is a small Jewish community, including an estimated 250 families in Quito and 120 families in Guayaquil, according to local synagogues. Isolated instances of anti-Semitism occurred.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The National Council on Disability Equality oversees government policies regarding persons with disabilities. Although the law mandates access to buildings and promotes equal access to health, education, social security, employment, transport, and communications for persons with disabilities, the government did not fully enforce it. The law requires that 4 percent of employees in all public and private enterprises with more than 25 employees be persons with disabilities.
The law stipulates rights to health facilities and insurance coverage. The law provides for special job security for those with disabilities or those who care for a person with disabilities, and it entitles employees who acquire a disability to rehabilitation and relocation. The law also gives the Ombudsman’s Office responsibility for following up on alleged violations of the rights of persons with disabilities and stipulates a series of fines and punishments for lack of compliance with the law.
The government continued a campaign to create jobs for persons with disabilities, provide funding to municipalities to improve access to public buildings, and open training and rehabilitation centers.
The law directs the electoral authorities to provide access to voting and to facilitate voting for persons with disabilities, and international observers commended the government’s accommodations for persons with disabilities in the 2014 local elections. The CNE initiated a program to allow in-home voting for those with more significant disabilities.
The constitution declares the state to be plurinational and affirms the principle of nondiscrimination by recognizing the rights of indigenous, Afro-Ecuadorian, and Montubio (an independent ethnic group of persons with a mixture of Afro-Ecuadorian, indigenous, and Spanish ancestry) communities. It also mandates affirmative action policies to provide for the representation of minorities
Afro-Ecuadorian organizations noted that, despite the absence of official discrimination, societal discrimination and stereotyping in media continued to result in barriers to employment, education, and housing. Afro-Ecuadorians continued to assert that they are more frequently stopped by police for document checks than are other citizens.
The constitution strengthens the rights of indigenous persons and recognizes Kichwa and Shuar as “official languages of intercultural relations.” The law provides indigenous persons the same civil and political rights as other citizens. The constitution grants indigenous persons and communities the right to prior consultation before the execution of projects that affect their rights. It also provides for their right to participate in decisions about the exploitation of nonrenewable resources located on their lands and that could affect their culture or environment. The constitution also allows indigenous persons to participate in the economic benefits that 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.
On September 5, the Ombudsman’s Office reported that it monitored economic activity that may harm local communities, particularly Afro-Ecuadorians and indigenous peoples.
In November 2016 Shuar members attacked a Chinese-owned mining camp in Morona Santiago. In December 2016 members of the indigenous Shuar community Nankints attacked police officers and military who were patrolling the mining camp La Esperanza in Morona Santiago Province, killing one police officer and injuring five other police officers and two servicemen. Then-coordinating minister of security Cesar Navas announced a 30-day state of emergency in the Amazon province of Morona Santiago, declaring that a police officer died during an attack by “illegal armed groups.” The Ministry of Interior extended the December 14, 2016, state of emergency until February 15. The Shuar attack followed months of militarization of canton San Juan Bosco and police and military forcibly evicting the indigenous community from their ancestral territory to facilitate the establishment of Chinese company Explorcobres S.A. mining project.
On January 27, approximately 100 police officers raided the indigenous radio station La Voz de Arutam in Morona Santiago after it broadcast on January 26 a message by the president of the Interprovincial Federation of Shuar Centers. According to a statement from the federation, police officers seized communications equipment and shut down the station.
On May 2, civil society and indigenous groups led by CONAIE launched the “Amnesty First” campaign and presented a proposal to then president-elect Moreno to pardon 111 indigenous protesters. On May 25, newly inaugurated President Moreno suggested the potential for amnesty for indigenous protesters charged with criminal offenses during the Correa administration. CONAIE claimed that the convictions against the indigenous protesters violated their rights to freedom of expression. On May 30, a group of indigenous persons led by CONAIE marched to the National Assembly, where they asked National Assembly President Jose Serrano to pardon 177 imprisoned indigenous protesters. Serrano stated that a committee of legislators would review each case on an individual basis. As of July 5, President Moreno had pardoned five imprisoned indigenous protesters, including indigenous leader Tomas Jimpikit.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation as a right. The law also prohibits hate crimes. Although the law prohibits discrimination based on sexual orientation, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons continued to suffer discrimination from both public and private bodies, particularly in education, employment, and access to health care. LGBTI organizations reported that transgender persons suffered more discrimination because they were more visible.
In August 2016 a law allowing individuals to select gender on their identity cards entered into force. In August a local LGBTI organization reported that 270 individuals had successfully changed their gender on their identity cards but explained that the law further perpetuated discrimination and social stigma against transgender individuals, since the identity cards revealed their decision to substitute sex with gender on their identity cards.
The government, led by the Ombudsman’s Office, was generally responsive to concerns raised by the LGBTI community. Nevertheless, LGBTI groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTI individuals, including when there was suspicion that the killing was because of sexual orientation or gender identity.
LGBTI persons continued to report that the government sometimes denied their right of equal access to formal education. LGBTI students, particularly in the transgender community, sometimes were discouraged from attending classes (particularly in higher education). LGBTI students, particularly transgender individuals, were more susceptible to bullying in schools, and human rights activists argued that the Ministry of Education and school administrators were slow to respond to complaints. The LGBTI population involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.
LGBTI organizations and the government continued to report that private treatment centers confined LGBTI persons against their will to “cure” or “dehomosexualize” them, although such treatment is illegal. The clinics reportedly used cruel treatments, including rape, in an attempt to change LGBTI persons’ sexual orientation. According to a local LGBTI organization, law enforcement officials closed at least two such clinics in Guayaquil during the year.
HIV and AIDS Social Stigma
The constitution specifically prohibits discrimination directed at persons with HIV/AIDS. There was limited societal violence against such persons.