C. Principal areas of concern and recommendations

Legislation on discrimination against women

10.The Committee acknowledges the adoption of the Comprehensive Organic Criminal Code, which states that femicide (art. 146) and discrimination on the basis of sex, gender identity, sexual orientation and other grounds (art. 176) constitute criminal conduct. It also welcomes the State party’s comprehensive legislative and policy framework for the elimination of discrimination against women. The Committee is concerned, however, about the following:

(a) Challenges to the effective implementation of such a framework, in particular at the local level and in remote areas, and the slow progress in bringing about the changes in institutions necessary to enforce legislation and public policies;

Stereotypes and harmful practices

18. The Committee is concerned about the persistence of deep-rooted social and cultural stereotypes in the State party that underpin such forms of discrimination against women as violence and inequality in the areas of political participation, education, economic life and health and undermine women’s empowerment in the family and in society. It also notes that campaigns to combat discriminatory stereotypes have focused exclusively on violence against women and lack action aimed at enforcing the principle of equality between women and men in several areas of public and private life. The Committee is further concerned that, the efforts made by the State party notwithstanding, the practice of “de-homosexualization” in clinics originally established for the treatment of drug addiction continues.

19. The Committee urges the State party:

(c) To ensure the implementation of article 176 of the Comprehensive Organic Criminal Code on discrimination on the basis of gender identity and the legislation that prohibits practices of de-homosexualization, adopt specific measures and establish a mechanism to periodically monitor institutions for the treatment of drug dependency and implement adequate sanctions.

Violence against women

20. The Committee is deeply concerned about:

(f) Information on violence against women, including lesbian, bisexual and transgender women, including reports of mistreatment by the police, and the absence of official statistics on complaints and cases brought to the criminal justice system.

21. The Committee, recalling its general recommendation No. 19 on violence against women, urges the State party:

(f) To establish a system to systematically monitor cases of violence against women, including lesbian, bisexual and transgender women, and ensure that perpetrators are prosecuted and punished, and conduct training for judges, prosecutors, police officers and other law enforcement officers on equality of women on all grounds mentioned in the Committee ’ s general recommendation No. 28.

Link to full text of the report: Concluding Observations-CEDAW-Ecuador-2015-eng