The Constitutional Court of Ecuador resolved, Wednesday April 28, to decriminalize abortion in cases of rape, announced the Ombudsman, Freddy Carrion, in charge of the protection of human rights.
This decision involves the modification of the law which until now only authorized abortion in the event of rape if the woman suffers from a mental handicap or in the event of risk for the health of the pregnant woman.
For the Defender of the People, the Constitutional Court has "taken an important step towards real equality in our society. From today, no raped woman will be incriminated. From now on, they will be protected by the State. ".
The Court's resolution "which decriminalizes abortion in cases of rape is possible thanks to women and feminist collectives who fought for a more just and egalitarian society," said Freddy Carrion on his Twitter account.
The resolution of the @CorteConstEcu q despenaliza el aborto por violación es posible gracias a las mujeres y colectivos feministas que han venido luchando permanently por tener una sociedad más justa e igualitaria, sin ellas no sería posible que hoy #Esley.
pic.twitter.com/v6EHAliSgn
- Freddy Carrion Intriago (@freddcarrion) April 28, 2021
The resolution, of immediate application and without appeal, was adopted by seven magistrates against two to declare the unconstitutionality of articles 149 and 150 of the Ecuadorian penal code concerning the voluntary termination of pregnancy (abortion) following rape.
Until now, the code provided for up to three years in prison for abortion.
A victory for activists after a setback in September 2019 when the Ecuadorian Parliament rejected a law to allow abortion in cases of rape or deformity.
"We are at ease to finally be in a state where, if we are the victims of the worst outrage that can be inflicted on women, at least we will not have to suffer for the rest of our lives the consequences of something that we do. have not decided and which is the product of an act of violence, "said lawyer Dolores Miño, director of the Observatory of Rights and Justice.
"A turning point for Ecuadorian democracy"
In Ecuador, 80% of pregnancies of girls under 14 are due to sexual violence and an average of 6 minors abort each day, according to figures released by the Ombudsman.
Feminist organizations estimate that around 2,500 minors give birth each year in the country, while in Ecuador any sexual relationship with a child under 14 is legally considered rape.
President-elect Guillermo Lasso, who will take office on May 24, expressed in a statement his "total respect" for the court's resolution.
"We must learn every day to live in a democracy. For that, the independence of the powers and the secularism of the State are non-negotiable principles", declared this ex-conservative banker, 65 years old and member of the Opus Dei.
His wife, Maria de Lourdes Alcivar, had however asked the day before on Twitter to pray "so that abortion is not approved" echoing the anti-abortion voices in a country where 70% of some 17.5 million inhabitants are Catholic.
For human rights organizations such as Human Rights Watch (HRW), it is a "turning point in Ecuadorian democracy" said José Miguel Vivanco, HRW director for the Americas, noting that the Court "has issued a fundamental sentence for human rights ".
With AFP
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