On Monday, the United Nations Human Rights Committee issued historic decisions finding that Ecuador and Nicaragua violated the human rights of three girls who survived sexual violence—Norma, Susana, and Lucía—who were then denied access to abortion and forced into motherhood.
The committee recognized that Ecuador and Nicaragua violated the survivors’ rights to life, dignity, effective legal recourse, freedom from torture and inhumane treatment, privacy, information, equality and nondiscrimination. As a result, the committee required the states to provide reparation and implement measures to prevent similar future human rights violations.
These measures include providing safe, legal, and effective access to abortion when the life and health of the pregnant woman or girl is at risk, or when carrying the pregnancy to term would cause substantial pain or suffering to the pregnant woman or girl, especially if the pregnancy resulted from rape or incest.
For the first time, the committee recognized that forced motherhood disrupts the personal, familial, educational, and professional goals of girls, severely restricting their right to a dignified life. The committee also stated that denying access to reproductive health services reinforces gender stereotypes and constitutes a form of intersectional discrimination based on gender and age.
These rulings reflect the reality faced by girls in the region. Latin America and the Caribbean have the second-highest rate of births among girls under age 15 globally, according to the UN Population Fund. According to UN data, five out of every 100 girls in the region became mothers in 2021. Eighty percent of rape victims in Latin America and the Caribbean are girls between 10 and 14 years old and 90 percent of these cases are in the context of repeated abuse.
These rulings are a significant milestone for global reproductive justice and are the result of years of advocacy by the Niñas, No Madres (Girls, Not Mothers) movement, which has advocated for girls’ rights and raised awareness about the consequences of sexual violence and forced motherhood in Latin America.
Nicaraguan organizations and women’s rights advocates in particular encounter significant challenges in the country, where freedom of expression and association are restricted and concerns about retaliation are prevalent. Governments, international organizations, and civil society worldwide should pay special attention to the situation of girls, women, and civil society organizations in Nicaragua.
The Ecuadorian and Nicaraguan governments should implement these measures immediately, including by amending their legal frameworks to guarantee reproductive rights and services.