ECUADOR-SOGI-TBs-CCPR

Concluding Observations on Report 7 (2024) (Link)

Discrimination and violence based on sexual orientation and gender identity

15. The Committee welcomes the adoption of the Creating Opportunities Plan 2021–2025, the inclusion of specific targets in the national agendas for equality and the implementation of the second phase of the Spotlight Initiative. However, despite many capacity-building initiatives and the adoption of protocols and manuals, the Committee is concerned about the stigmatization, discriminatory attitudes and violence that lesbian, gay, bisexual, transgender and intersex persons face in the State party. The Committee is also concerned about reports that so-called “conversion therapy” continues to be practised in the State party against lesbian, gay, bisexual, transgender and intersex persons in clandestine centres. The Committee further notes with concern the limited number of investigations and prosecutions of offences motivated by discrimination and hatred. It is also concerned about the lack of legislation to ensure that same-sex couples are recognized and protected by law and regrets the lack of information provided by the State party in this connection (arts. 2, 3, 6, 7, 17, 23 and 26).

16. In the light of the Committee’s previous recommendations, the State party should:

(a) Combat prejudice, hate speech and violence against lesbian, gay, bisexual, transgender and intersex persons, including by extending public sensitization and awareness-raising campaigns and providing judges, prosecutors, law enforcement officers and other officials with appropriate training on how to combat discriminatory attitudes towards persons in this group;

(b) Step up efforts and take the steps necessary to prohibit the practice of so-called “conversion therapy” against lesbian, gay, bisexual, transgender and intersex persons;

(c) Ensure that offences motivated by discrimination and hatred, especially those motivated by the victim’s sexual orientation or gender identity, are thoroughly investigated, that those responsible are brought to justice and, if found guilty, appropriately punished, and that the victims have access to comprehensive reparation;

(d) Adopt or revise relevant legislation with a view to fully recognizing the equality of lesbian, gay, bisexual, transgender and intersex persons in access to rights and services, and fully guarantee for same-sex couples equal treatment and all the rights recognized in the Covenant.

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Concluding Observations on Report 6 (2016) (Link)

Discrimination and violence on the grounds of sexual orientation or gender identity

11. The Committee notes with satisfaction the measures adopted by the State party with regard to lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and commends the inclusion in the Constitution of the prohibition of discrimination on the grounds of gender identity and sexual orientation, among others. It is, however, concerned at allegations relating to a number of acts of discrimination and violence, including murders, that such persons have reportedly suffered during the reporting period owing to their sexual orientation or gender identity. The Committee also takes note of the action taken by the State party to rescue many people who had been placed in addiction rehabilitation clinics for treatment to “cure sexual orientation or gender identity” and to close down some of the clinics. Recalling its previous concluding observations (CCPR/C/ECU/CO/5, para. 12), however, the Committee is concerned at allegations that cases of such “treatment” continued to be reported during the period under review and, in view of the State party’s information that it has mounted four prosecutions, it regrets not having received details of the criminal prosecutions of persons responsible for such “treatment” and their results (arts. 2, 6, 7 and 26).

12. The State party should redouble its efforts to combat stereotypes of and prejudice against LGBTI persons and ensure that acts of discrimination are prevented; that persons responsible for acts of violence against LGBTI persons are properly investigated, prosecuted and punished; and that victims are provided with comprehensive redress. It should also redouble its efforts to eliminate fully the practice of placing such persons in institutions for treatment to “cure their sexual orientation or gender identity”; adopt the necessary measures to investigate, prosecute and ensure suitable punishment for persons responsible for such “treatment”; and provide full reparation for victims, including rehabilitation and compensation.

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Concluding Observations on Report 5 (2009) (Link)

12. While the Committee notes that discrimination against sexual minorities is prohibited under article 11, paragraph 2, of the new Constitution, it is concerned at the fact that transsexual women have been placed in private clinics or rehabilitation centres in order to undergo so-called sexual reorientation treatments. It also deeply regrets that such persons have been subject to forced detention and ill-treatment in rehabilitation clinics in the town of Portoviejo in June 2009 (arts. 2 and 7).

The State party should take preventive and protective measures to ensure that persons of a different sexual orientation are not detained in private clinics or rehabilitation centres in order to be subjected to so-called sexual reorientation treatments. The Committee recommends that the State party investigate the alleged detentions and torture and adopt the necessary remedial measures in accordance with the Constitution.

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Concluding Observations on Report 4 (1998) (Link)

8. The Committee welcomes the information that the Constitutional Court has declared unconstitutional the criminalization of private homosexual relations between consenting adults and the law excluding persons charged under the Narcotics and Psychotropic Substances Act from the application of the new provisions on detention pending trial.

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Concluding Observations on Report 3 (1991) (Link)

[no mention]

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Concluding Observations on Report 2 (1988) (Link)

[no mention]

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Concluding Observations on Report 1 (1977) (Link)

[no mention]

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