Case Summary and Outcome

The United Nations Human Rights Committee held that Ecuador violated the petitioner’s right to freedom of expression—specifically her right to access information as protected by Article 19 of the International Covenant on Civil and Political Rights (ICCPR)—by failing to provide her with essential information on reproductive health and rights. The case was brought by Norma, a survivor of sexual violence who became pregnant at the age of 13 as a result of repeated abuse by her father. She argued that the State’s failure to guarantee access to accurate and evidence-based information on sexual and reproductive health, her rights during pregnancy, and available options—including abortion and adoption—, led her to forced motherhood and exacerbated her vulnerability.  For its part, Ecuador, in its response to Norma’s communication, did not present substantial arguments in relation to the alleged violation of the right to access information. The Committee reaffirmed that the right to access information encompasses the State’s obligation to provide comprehensive and reliable information on sexual and reproductive rights, particularly for girls and adolescents in vulnerable situations. It concluded that the absence of such information prevented the applicant from making informed decisions about her body and future, violating Article 19 of the ICCPR. Based on these findings, the Committee ordered Ecuador to provide Norma with an effective remedy, including full reparation and adequate compensation for the harm suffered. Additionally, it urged the State to reform its legal framework to ensure access to reproductive health services, train healthcare professionals and justice operators on handling cases of sexual violence, and develop policies to prevent future violations.

Facts

Norma (pseudonym), an Ecuadorian citizen born on September 14, 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 as protected by the International Covenant on Civil and Political Rights (ICCPR)—including freedom of expression and access to information as enshrined in Article 19. She argued that the lack of access to information on sexual and reproductive health, as well as the absence of clear information about her rights and options during pregnancy, violated her fundamental rights.

Norma explained that she was born into poverty in the province of Pichincha, Ecuador, and grew up in an environment marked by domestic violence. She claimed that during her childhood she suffered sexual abuse perpetrated by her father, resulting in pregnancy when she was 13 years old.

Due to the lack of education on sexuality and reproductive health, she was unable to identify the sexual violence she was experiencing, recognize the early signs of pregnancy and fully understand what was happening. She explained that when her relatives took her to a hospital to give birth, she did not receive information about her rights, available options after childbirth, or associated risks. According to Norma, the medical staff did not provide her with information about the possibility of terminating the pregnancy, even though Article 150 of the Comprehensive Organic Criminal Code allowed therapeutic abortion when the woman’s life or health was at risk. Additionally, Norma argued that the lack of information about alternatives—such as family adoption—, and the absence of adequate counseling deeply affected her ability to make informed decisions about her situation.

Norma emphasized that “access to information for the prevention of sexual violence and child pregnancies is insufficient. Moreover, it is almost impossible for child victims of sexual violence to access legal abortion, even though Article 150 of the Comprehensive Organic Criminal Code allows therapeutic abortion to avoid danger to the life or health of a pregnant woman, a situation applicable to 13-year-old girls.” [para. 2.2] As a result, Norma explained that she experienced forced motherhood since she did not have access to essential information to exercise her autonomy and reproductive rights.

Subsequently, Norma stated that after childbirth, when she was only 13 years old, health personnel placed a contraceptive implant without her consent and without providing her with information about it.

At the core of her petition, Norma requested the Committee declare that Ecuador violated her right to access information under Article 19 of the International Covenant on Civil and Political Rights (ICCPR) by failing to provide high-quality, evidence-based information on sexual and reproductive health within the educational system and health services. She argued the lack of education on these issues limited her knowledge of contraceptive methods, reproductive rights, and gender-based violence—leaving her in a situation of special vulnerability. She also asked that effective measures be adopted to ensure access to such information in similar cases, and that comprehensive reparation be provided for the harm suffered.

For its part, Ecuador responded to the petitioner’s communication, arguing that protective measures had been taken and that medical care had been provided during Norma’s pregnancy and childbirth. However, it did not offer specific observations regarding the alleged violation of the applicant’s right to access information, and the lack of adequate education on sexual and reproductive health.

Decision Overview

The United Nations Human Rights Committee issued a decision on this matter on January 17, 2025. Given the complexity of the case, the Committee examined multiple human rights violations—including the right to life, the prohibition of torture and cruel treatment, privacy, and non-discrimination. However, this analysis focuses exclusively on the violation of the right to access information and freedom of expression, as protected by Article 19 of the ICCPR. The central issue analyzed by the Committee concerning this right was whether the lack of access to information about sexual and reproductive health, the petitioner’s rights during pregnancy, and the available options regarding her motherhood, constituted a violation of Article 19 of the ICCPR.

The petitioner, Norma, argued that she did not receive adequate information about the possibility of terminating her pregnancy nor about family adoption—which resulted in the imposition of forced motherhood. She further explained that the absence of comprehensive sexual and reproductive health education left her in a situation of particular vulnerability. Additionally, she claimed that after childbirth, medical personnel placed a contraceptive implant in her without informing her about it. The petitioner argued that Ecuador failed to fulfill its obligation to ensure access to essential information regarding her sexual and reproductive health and her rights during pregnancy.

For its part, Ecuador, in its response to Norma’s communication, did not present substantial arguments concerning the alleged violation of the right to access information presented by the petitioner.

At the outset of its analysis of Article 19 of the ICCPR, the Committee held 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. 11.19] Furthermore, the UNHRC emphasized that “the lack of information on the possibilities of both terminating her pregnancy and giving her child up for adoption prevented [Norma] from making informed decisions about her sexual and reproductive health and resulted in both her forced pregnancy and forced motherhood.” [para. 11.19]

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

Thus, the Committee ordered Ecuador to provide the petitioner with an effective remedy, which should include comprehensive reparation and adequate compensation for the harm suffered. Additionally, the UNHRC urged the State 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. The Committee also ordered Ecuador to train healthcare professionals and justice operators in comprehensive care for victims of sexual violence and to develop adequate adoption policies to prevent future violations.