was due to gender prejudices. They point out that the alleged victim’s mother
“has exhausted the administrative proceedings, even though it was neither
effective nor adequate to punish the perpetrator of the harassment and sexual
abuse.”11 They allege further that there was a delay in the administrative
case, which lasted over two years, in violation of the law which stipulates that
a summary administrative proceeding shall last no more than 15 days from
its start to the issuance of the decision.12
19.
As for the civil case, the petitioners observe that on October 10, 2003,
Paola’s mother filed a civil complaint against the assistant principal seeking
non-pecuniary damages.13 They point out that “the civil proceeding has also
suffered unwarranted delays”14 and it was not until June 7, 2005 that the
judge ordered the assistant principal to pay 25,000 dollars in damages. The
petitioners assert, however, that this decision cannot be executed because the
respondent remains a fugitive from justice. They contend that the alleged
victim’s mother, dissatisfied with the previous judge’s ruling, filed an appeal
against the decision on May 15, 2006; on June 21, 2006, the appeal went to
the Superior Court and is still pending to this day.
20.
The petitioners contend that sexual harassment is common in
Ecuador’s educational institutions15 and that the case of Paola del Rosario
represents the kind of sexual violence that teachers in Ecuador’s public schools
Original petition received at the IACHR on October 2, 2006, paragraph 77.
The petitioners point out that Article 112 of the Education Law sets a 15-day time
period during which the summary proceeding is to be instituted, the inquiry
conducted, and teachers who commit crimes against their students
punished. Original petition received at the IACHR on October 2, 2006, paragraphs
55 and 79.
13
In this sense, the petitioners observe that while it is true that the case in the civil
courts is seeking pecuniary reparations for the non-pecuniary damages, this is not
the proper remedy to fully redress the harm done. Original petition received at the
IACHR on October 2, 2006.
14
Original petition received at the IACHR on October 2, 2006, paragraph 84.
15
The petitioners enclose a report prepared by CEPAM-Guayaquil, an NGO and copetitioner in the present case, which cites a report published by the National Women’s
Council [Consejo Nacional de las Mujeres] (CONAMU) (Report on the “Program to
eradicate sexual offenses within the educational system,” 2004). See CEPAMGuayaquil, “Basic information needed to identify cases that the DESC should refer to
the Regional Tribunal of Women,” prepared by AB. Mercy López Martínez, February
2005, p. 9. Attachment to the original petition received at the IACHR on October 2,
2006.
11
12
8