Debevoise & Plimpton LLP has co-counselled with the Center for Reproductive Rights (“the Center”) and others to achieve positive rulings on behalf of three rape survivors from the United Nations Human Rights Committee (“the Committee”) against Nicaragua and Ecuador. These Latin American women were systematically abused and raped when they were children, each becoming pregnant at the age of 14 or younger. The rulings set new human rights standards to ensure access to sexual education, safe abortion services, and other protections for sexual abuse survivors.

A team from Debevoise’s London office worked with the Center, Planned Parenthood Global, Mujeres Transformando el Mundo Guatemala, Observatorio en Salud Sexual y Reproductiva Guatemala and Surkuna Ecuador to develop the women’s cases, and travelled to Geneva to file them on their behalf in May 2019. The cases marked the first time the Center had co-counselled with a law firm outside of the U.S. A ruling in a fourth case against Guatemala (also filed by Debevoise, the Center and others) remains pending.

Over several years, the four women tried to use the criminal justice system in their respective countries to hold their aggressors accountable. In each case, the criminal justice system failed to arrest or otherwise apprehend the attackers. In its rulings, the Committee declares that Ecuador and Nicaragua violated the women’s human rights under the International Covenant on Civil and Political Rights (“the Covenant”): to life; to live free of cruel, inhuman or degrading treatment or punishment; to live without interference with privacy and family life; to freedom of expression and information; and to remedies for rights violations.

The Committee further declares that Ecuador’s and Nicaragua’s actions constituted intersectional gender and age discrimination. The Committee now calls on Ecuador and Nicaragua:

• To amend their legislation to ensure access to safe, legal, and effective abortion, especially in cases involving sexual violence or risks to the life or health of the girl, woman, or pregnant person. This includes providing comprehensive health care services, including abortion, and removing existing barriers, particularly in cases of sexual violence, incest, or risks to life and health.

• To take action to combat sexual violence, including education, awareness-raising, and training for health and justice professionals.

• Provide comprehensive reparations for the women, including financial compensation, support to resume their education, ensuring access to education for their children, psychological assistance, and other measures to help them rebuild their lives.

The impact of the Committee’s rulings and their implementation extend beyond Ecuador and Nicaragua to the 173 signatory states to the Covenant. The rulings constitute historic precedent and set new international law standards for the protection of reproductive rights and freedom globally.

For full details, see here.

The Debevoise team advising the CRR was led by partner Patrick Taylor, and included associates Tom Cornell, Mark McCloskey and Katie Power.