Case Summary and Outcome

The United Nations Human Rights Committee held that Nicaragua violated the petitioner’s right to freedom of expression—specifically her right to access information as protected under 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 Susana, a survivor of sexual violence who became pregnant at the age of 13 as a result of repeated abuse by her grandfather. 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 adoption—led to forced motherhood and exacerbated her vulnerability. Despite multiple requests from the Committee, Nicaragua failed to respond to the complaint or provide any defense. 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 Nicaragua to provide Susana 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

Susana (pseudonym), a Nicaraguan citizen born in the year 2000, submitted a communication to the United Nations Human Rights Committee (UNHRC) on May 29, 2019. She alleged multiple violations of her rights protected under the International Covenant on Civil and Political Rights (ICCPR)—including the right to freedom of expression and access to information under Article 19. The petitioner 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.

Susana was born in a rural community in extreme poverty, with no access to formal education. During her childhood, she was subjected to an environment of violence, isolation, and abuse by her grandfather. She emphasized that in 2014, at the age of 13, she became pregnant as a result of sexual violence perpetrated by her grandfather, who was associated with armed groups in Nicaragua.

Susana stated she never received adequate information on sexual and reproductive health that would have enabled her to recognize the sexual violence she suffered or understand the consequences. She asserted that her situation of isolation and lack of access to education prevented her from recognizing the signs of pregnancy or seeking timely medical care.

Subsequently, Susana explained that when she was taken to a hospital to give birth, she did not receive information about her rights, the options available after childbirth, or the associated risks. According to her testimony, despite informing hospital staff that her pregnancy was the result of sexual violence, Susana was not provided with information regarding medical tests to rule out sexually transmitted diseases.

Furthermore, Susana argued that healthcare personnel did not provide her with clear information about the possibility of giving her child up for adoption, nor did they offer guidance about psychosocial services that could have helped her make an informed decision regarding motherhood. Additionally, Susana explained that “she was not informed about the possibility of reporting the perpetrator or receiving assistance for the restitution of her violated rights, and despite healthcare personnel knowing that she was a victim of sexual violence, they did not notify the authorities.” [para. 2.8]

Susana emphasized that in Nicaragua access to reproductive health services, such as abortions, is not possible, even though “her pregnancy posed a risk to her life and health due to her young age, there was no mechanism to access abortion under the current legal framework, as it is criminalized in all circumstances (Article 143 of the Penal Code).” [para. 3.3] As a result, Susana explained that she experienced forced motherhood since she did not have access to essential information to exercise her autonomy and reproductive rights.

Susana requested the Committee declare that her right to receive high-quality information on sexual and reproductive health under Article 19 of the ICCPR had been violated. She argued the  lack of available education on these issues limited her knowledge of contraceptive methods, reproductive rights, and protection against gender-based violence, leaving her in a situation of particular vulnerability. Further, she urged Nicaragua to adopt measures ensuring effective access to clear and evidence-based information in similar cases.

In light of these circumstances, the UNHRC requested information from the State party regarding the 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, insofar as they are duly substantiated.” [para. 6]

Decision Overview

The United Nations Human Rights Committee issued its 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 under Article 19 of the International Covenant on Civil and Political Rights (ICCPR). The central issue analyzed by the Committee in relation to this right was whether the lack of access to information on sexual and reproductive health, the petitioner’s rights during pregnancy, and the available options regarding her pregnancy constituted a violation of Article 19 of the ICCPR.

The petitioner argued that Nicaragua failed to fulfill its obligation to guarantee access to essential information on her sexual and reproductive health and her rights during pregnancy. In particular, she claimed that the State did not provide her with information on the possibility of giving her child up for adoption, which resulted in the imposition of forced motherhood. She further asserted that the absence of sexual and reproductive health education left her in a vulnerable situation, as she was unable to recognize the signs of pregnancy or understand its implications. Additionally, she maintained that the lack of information regarding psychological and social assistance resources further exacerbated her vulnerability.

For its part, Nicaragua did not submit any response to the petitioner’s allegations or provide arguments in its defense, leading the Committee to give weight to the petitioner’s claims insofar as they were duly substantiated.

At the outset of its analysis of Article 19 of the ICCPR, the Committee held that “the right to access information includes the right to receive quality and evidence-based information and education on sexual and reproductive health.” [para. 8.16] Furthermore, it emphasized that “the lack of access to such information, including the possibility of giving her child up for adoption, resulted in her forced motherhood.” [para. 8.16]

In light of these considerations, the Committee concluded that Nicaragua violated Susana’s right to freedom of expression and access to information as enshrined in Article 19 of the ICCPR.

The Committee ordered Nicaragua to provide the petitioner with an effective remedy, including comprehensive reparation and appropriate compensation for the harm suffered. Additionally, the UNHRC urged the State to review its legal framework and adopt measures ensuring access to sexual and reproductive health services, particularly for girls and adolescents who are victims of sexual violence. The Committee also instructed Nicaragua to train healthcare professionals and justice operators in comprehensive care for victims of sexual violence and to develop appropriate adoption policies to prevent future violations.