Case Summary and Outcome

The United Nations Human Rights Committee held that Guatemala violated Fátima’s right to freedom of expression, specifically her right of access to information under Article 19 of the International Covenant on Civil and Political Rights, by failing to provide her with clear, timely, and evidence-based information on sexual and reproductive health. The case arose from Fátima’s sexual abuse at the age of 13, which resulted in a forced pregnancy and motherhood after State authorities failed to inform her about emergency contraception, the possibility of a lawful therapeutic abortion, adoption, or post-cesarean medical care. The Committee held that this lack of information prevented her from making informed decisions about her body and her future and directly contributed to her forced pregnancy and forced motherhood. Reaffirming that the right of access to information includes the right to receive quality, evidence-based education on sexual and reproductive health, the Committee concluded that Guatemala’s omissions breached Article 19. As a remedy, the Committee ordered Guatemala to provide full reparation and compensation to Fátima, ensure psychological support, and adopt structural measures to guarantee access to sexual and reproductive health information and services for girls and adolescents, particularly victims of sexual violence.

Facts

The petitioner, Fatima (pseudonym), a Guatemalan girl, reported that in 2009–2010 she was the victim of multiple rapes by a former director of a public daycare center she had attended as a child (the facility under his charge included a “Comprehensive Care Center”). After the abuse, she became pregnant while still a minor, at the age of 13.

After her pregnancy was discovered —approximately in March 2010— the minor stated on several occasions that she did not wish to continue with the pregnancy or become a mother. Despite this, the authorities—including health services and the judicial system—did not provide her with clear, understandable, and evidence-based information about her reproductive rights: she was not adequately informed about emergency contraception, the possibility of therapeutic abortion, or alternatives such as adoption.

During her pregnancy and childbirth, she faced multiple forms of institutional violence: according to her account, doctors revictimized her (for example, questioning her about why she had been “good at spreading her legs” but not for a gynecological exam) [para 2.14], she underwent a cesarean section because they considered that her physical development was insufficient for a safe labor, and after giving birth she was forced to breastfeed her child despite her desire not to do so.

Subsequently, Fatima’s mother took responsibility for the child, as Fatima did not want to have anything to do with him.

Fatima’s mother filed a criminal complaint about the abuse in March 2010. More than nine years after the complaint was filed, there has been no effective progress in the criminal proceedings and the perpetrator has not been arrested.

Fatima explained that she did not have access to an effective remedy or comprehensive reparation, nor was she provided with adequate information or support to exercise her reproductive rights.

United Nations Human Rights Committee Communications

On May 29, Fatima requested that the United Nations Human Rights Committee declare that these events constituted a violation of the right to access information, particularly in the area of sexual and reproductive health, as provided for in Article 19 of the International Covenant of Civil and Political Rights (ICCPR), among other rights. She pointed out that the lack of information prevented her from making informed decisions, preventing pregnancy, or accessing services such as therapeutic abortion or adoption.

For its part, Guatemala argued that it had ensured that Fátima had a free and safe space to express her emotional distress and that her opinions could be heard. It also explained that it did not violate article 19 of the Covenant, despite being aware of the challenges it faces in the area of sexual and reproductive education, by implementing mechanisms to safeguard access to information, including the inter-institutional cooperation agreement called “Prevention through Education” to prevent teenage pregnancy.

Decision Overview

The United Nations Human Rights Committee examined Fátima’s communication in light of multiple alleged violations of the ICCPR. This case analysis focuses exclusively on whether Guatemala’s failure to provide her with clear, accurate and timely information on sexual and reproductive health, her rights during pregnancy and the options available regarding her maternity breached her right to freedom of expression, specifically her right of access to information under Article 19 of the ICCPR. The central issue for the Committee was whether the State’s omissions in guaranteeing comprehensive, evidence-based information on sexual and reproductive health –before and during Fátima’s pregnancy– played a decisive role in her forced pregnancy and forced motherhood.

Fátima argued that she had never received comprehensive education or information on sexual and reproductive health that would have allowed her to understand the risks of pregnancy at her age, recognize early signs of pregnancy or know that she could seek emergency contraception or a lawful abortion. She further contended that, once pregnant, no public official or health professional informed her of her right, under domestic law, to request a therapeutic abortion when her life or health were at risk, nor was she told about the possibility of giving her child up for adoption or about basic post-cesarean care. According to Fatima’s arguments, this lack of information, in the context of a forced pregnancy resulting from rape, prevented her from making free and informed decisions about her body, her health, and her life plans.

For its part, the State maintained that it had not violated Article 19. It invoked existing mechanisms and programs on sexual and reproductive education and asserted that it was aware of the challenges in this area and was implementing measures to safeguard access to information and prevent adolescent pregnancy.

At the outset of its analysis under Article 19, the Committee recalled its previous Concluding Observations on Guatemala (CCPR/C/GTM/CO/4, párrs. 14 y 15 c), where it had already expressed concern about the deficient implementation of comprehensive sexuality education and had recommended that the State “ensure full access to comprehensive sexuality education for children throughout the country.” [para. 15.17]

Reaffirming its previous standards, the Committee stressed that “the right of access to information includes the right to receive quality and evidence-based information and education on sexual and reproductive health.” [para. 15.17]

Applying these standards to Fátima’s case, the Committee held that the State had failed to demonstrate that she had received any concrete, accurate and appropriate information about sexual and reproductive health, the risks of pregnancy at her age, the availability of emergency contraception, the legal possibility of a therapeutic abortion, the option of adoption or the medical and psychological implications of continuing the pregnancy and undergoing a cesarean section. The Committee emphasized that the lack of information about termination of pregnancy—and, subsequently, about adoption—“prevented Fatima from making informed decisions and directly contributed to both her forced pregnancy and forced motherhood.” [para. 15.18]

In light of these considerations, the Committee concluded that Guatemala violated Lucía’s right to freedom of expression (specifically her right to access information) as enshrined in Article 19 of the ICCPR.

The Committee ordered Guatemala to provide the applicant with an effective remedy—including comprehensive reparation for the harm she suffered and adequate compensation. Additionally, the UNHRC ordered Guatemala to review its legal framework and adopt measures to ensure access to sexual and reproductive health services, particularly for girls and adolescents who are victims of sexual violence. Furthermore, the Committee instructed Guatemala to train healthcare professionals and justice operators on comprehensive care in cases of sexual violence. Likewise, it urged the State to adopt structural measures, through the implementation of appropriate policies, to prevent future violations.