Case Summary and Outcome

The United Nations Human Rights Committee (UNHRC) held that the State of Nicaragua violated the applicant’s right to freedom of expression—regarding access to information, as protected by Article 19 of the International Covenant on Civil and Political Rights—, by not providing her with information about reproductive health and rights. The case was brought by Lucía, a victim of sexual violence who faced a high-risk pregnancy at the age of 15.  She argued the State failed to provide her with essential information regarding her reproductive health, recommended medical procedures, and availability of social services which prevented her from making informed decisions and resulted in forced motherhood. Nicaragua failed to respond to the complaint despite four requests from the Committee. The UNHRC concluded that the right of access to information encompasses the State’s obligation to provide evidence-based information and education on sexual and reproductive rights—particularly to girls and adolescents in vulnerable situations. Based on these findings, the Committee ordered Nicaragua to provide Lucia with an effective remedy, including comprehensive reparation and appropriate compensation. Additionally, it required the State to adopt policies to prevent similar violations, including training healthcare professionals and justice operators.

Facts

Lucía (pseudonym), a Nicaraguan citizen born in 1999, submitted a communication to the United Nations Human Rights Committee (UNHRC) on May 29, 2019. In her communication, she alleged multiple violations of her rights under the International Covenant on Civil and Political Rights (ICCPR), including freedom of expression and access to information under Article 19. The petitioner claimed that the lack of access to information about her sexual and reproductive health, along with the absence of clear information regarding her rights and options during pregnancy, violated her fundamental rights.

In 2014, when Lucía was 15 years old, she was diagnosed with a high-risk pregnancy. Lucía stated that her pregnancy was the result of sexual violence committed by a priest in her neighborhood. During prenatal care, she did not receive information about the available options or the recommended medical procedures for her condition. The petitioner asserted that she was not adequately informed about her rights concerning her pregnancy or about access to reproductive health services. She also did not receive accurate information about the possibility of giving up her child for adoption, among other alternatives, which affected her autonomy and ability to make informed decisions about her future.

Lucía considered that the lack of access to comprehensive education on sexual and reproductive health in the educational system and healthcare services limited her knowledge of contraceptive methods and reproductive rights. According to her communication, the State failed to provide adolescents with education on these topics, which, in her view, contributed to the lack of protection of her rights.

Additionally, Lucía argued that “after childbirth, she did not receive any health, physical, mental, or social support from Nicaragua.” [para. 2.17] The applicant explained that in Nicaragua, it is not possible to access reproductive health services such as abortions, even when “her pregnancy posed a high risk to her life and health due to her young age, as there was no mechanism to access abortion under the legal framework, given that it is prohibited and criminalized in all circumstances (Article 143 of the Criminal Code).” [para. 3.2]

Lucía requested the Committee to declare that her right to receive high-quality information on sexual and reproductive health was violated. Additionally, she asked Nicaragua to adopt measures to ensure effective access to clear, evidence-based information, in similar cases.

In light of these circumstances, the UNHRC requested information from the State party on the admissibility and merits of the communication on four occasions (July 4, 2019; October 7, 2020; January 25, 2021; and June 16, 2021). However, Nicaragua did not respond. Consequently, the Committee held that “in the absence of a response from Nicaragua, due weight must be given to the petitioner’s allegations, to the extent that they have been duly substantiated.” [para. 6]

Decision Overview

The United Nations Human Rights Committee issued a decision on the matter on October 31, 2024. Given the complexity of the case, the UNHRC examined multiple violations of different human rights, such as privacy, life, non-discrimination, and the prohibition of cruel and inhuman treatments. However, this case analysis will focus exclusively on the right to access information and freedom of expression, as protected by Article 19 of the ICCPR. The central issue that the Committee analyzed about these topics was whether Nicaragua’s failure to provide clear and accurate information regarding the applicant’s sexual and reproductive health, her rights during pregnancy, and the available options for deciding on her maternity, violated Article 19 of the ICCPR.

The petitioner argued that Nicaragua failed to guarantee access to essential information regarding her sexual and reproductive health and her rights during pregnancy. In particular, she alleged that the State did not give her information about the possibility of terminating her pregnancy or giving her child up for adoption—resulting in the imposition of forced motherhood. Lucía also claimed that the lack of sexual and reproductive health education in the educational system left her vulnerable, as she was unable to recognize signs of pregnancy or understand its implications. Furthermore, she maintained that the absence of information regarding the availability of psychological and social assistance resources worsened her vulnerable situation.

For its part, Nicaragua did not respond to the petitioner’s allegations or provide any information in its defense, which led the Committee to give weight to the petitioner’s arguments insofar as they were supported by documented evidence.

At the outset of its analysis regarding Article 19 of the ICCPR, the Committee held that “the right to access to information includes the right to receive quality and evidence-based information and education on sexual and reproductive health.” [para. 8.16] In particular, the UNHRC underscored that “the lack of information on the possibilities of giving her child up for adoption prevented the author from making informed decisions about her sexual and reproductive health and resulted in her forced motherhood.” [para. 8.16]

In light of these considerations, the Committee concluded that Nicaragua 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 Nicaragua to provide the applicant with an effective remedy—including comprehensive reparation for the harm she suffered and adequate compensation. Additionally, the UNHRC ordered Nicaragua 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 Nicaragua 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.