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International Covenant on Civil and Political Rights
Ecuador (CCPR 11-08-2016)
The Committee considered the sixth periodic report of Ecuador (CCPR/C/ECU/6) at its 3277th and 3278th meetings (CCPR/C/SR.3277 and 3278), held on 27 and 28 June 2016. At its 3294th meeting, held on 11 July 2016, it adopted the present concluding observations.
C. Principal matters of concern and recommendations
Discrimination and violence on the grounds of sexual orientation or gender identity
- The Committee notes with satisfaction the measures adopted by the State party with regard to lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and commends the inclusion in the Constitution of the prohibition of discrimination on the grounds of gender identity and sexual orientation, among others. It is, however, concerned at allegations relating to a number of acts of discrimination and violence, including murders, that such persons have reportedly suffered during the reporting period owing to their sexual orientation or gender identity. The Committee also takes note of the action taken by the State party to rescue many people who had been placed in addiction rehabilitation clinics for treatment to “cure sexual orientation or gender identity” and to close down some of the clinics. Recalling its previous concluding observations (CCPR/C/ECU/CO/5, para. 12), however, the Committee is concerned at allegations that cases of such “treatment” continued to be reported during the period under review and, in view of the State party’s information that it has mounted four prosecutions, it regrets not having received details of the criminal prosecutions of persons responsible for such “treatment” and their results (arts. 2, 6, 7 and 26).
- The State party should redouble its efforts to combat stereotypes of and prejudice against LGBTI persons and ensure that acts of discrimination are prevented; that persons responsible for acts of violence against LGBTI persons are properly investigated, prosecuted and punished; and that victims are provided with comprehensive redress. It should also redouble its efforts to eliminate fully the practice of placing such persons in institutions for treatment to “cure their sexual orientation or gender identity”; adopt the necessary measures to investigate, prosecute and ensure suitable punishment for persons responsible for such “treatment”; and provide full reparation for victims, including rehabilitation and compensation.