commit against female students. 16 They argue that by the conduct of its
agents –the assistant principal and school doctor-, Ecuador violated its
obligation with regard to the care of Paola del Rosario. They contend that this
violation was compounded by the fact that Paola was a child and therefore in
need of special protection; thus, by the action of its agents, Ecuador also failed
to comply with its international human rights obligations and the rights of the
child, protected under Article 19 of the American Convention. They maintain
that the Committee on the Rights of the Child has voiced concern over the
links between sexual abuse and the suicide rate among adolescents. It has
established that States have an obligation to protect adolescents from any
form of violence and abuse, including sexual abuse by the teaching staff at
schools.
21.
The petitioners also point out that the Ecuadorian State has failed to
take the necessary legal measures to ensure that children are protected from
acts of sexual violence in the public schools. They argue further that the
deficient response by the various jurisdictions in this specific case has resulted
in the inadequacy of Ecuador’s laws to prevent violence against
women.17 They allege that the State failed to act with the due diligence
necessary to prevent, investigate, punish and redress the facts, in violation of
Article 7 of the Convention of Belém do Pará. In reference to articles 8 and
25 of the American Convention, the petitioners also allege that this case
involves mainly two types of violations: those related to an inadequate legal
interpretation of what constitutes sexual offenses, and those related to the
domestic proceedings’ delay and inefficiency in the investigation, sanction and
redress of the alleged violations.
The petitioners note that according to a study done in Ecuador, 22% of school-age
girls report having been the victims of sexual abuse. Shawna Tropp and Mary
Ellsberg, “Addressing Violence against Women within the Education Sector”, prepared
for the World Bank’s Gender and Development Group, PREM, February 2006, p.
2. The petitioners’ brief of observations, received at the IACHR on February 20,
2008, p. 2.
17
The petitioners state that the IACHR has previously expressed its concern over the
criminalization of sexual offenses and their interpretation in Ecuador, and the impact
of that interpretation on the rights of women in Ecuador to live a life free of
violence. The petitioners mention in this connection the Commission’s Report on the
Situation of Human Rights in Ecuador, OEA/Ser.L/V/II.96, Doc. 10 rev. 1, April 24,
1997. Original petition received at the IACHR on October 2, 2006, paragraph 130.
16
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