The United Nations Human Rights Committee recently issued a groundbreaking ruling against Ecuador and Nicaragua, condemning both countries for violating the human rights of three girls who were forced into motherhood at age 13.
For the first time in its history, the committee recognized in a Jan. 20 ruling that denying an abortion to a child is not just a denial of choice but an imposition of pregnancy and forced motherhood that irreversibly disrupts their health, well-being and life trajectory.
This landmark decision represents a crucial shift in how the international community addresses the intersection of children’s rights, reproductive rights and gender justice. As part of the ruling, Ecuador and Nicaragua must submit a report to the committee by 180 days detailing the steps they will take to provide individual reparations for the survivors and reform their laws and systems. The committee, however, has no enforcement ability. If the countries don’t comply, it can, however, damage each country’s relationship with other member states.
As many countries across all regions are shifting toward more conservative governments, with big powers like the United States taking a strong anti-abortion stance, the UN ruling sets a precedent for the 173 states that have signed and ratified the International Covenant on Civil and Political Rights. The treaty commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
The committee’s decision applies globally, compelling all countries that have agreed to the covenant to take preventive steps to ensure no child ever faces the same fate.
Carmen Cecilia Martínez, associate director at the Center for Reproductive Rights, based in New York City, said the UN ruling sends a forceful message that societies must not allow child pregnancies or see girls endure traumatic births simply because their voices are not heard or voluntary abortion is denied. “This is a powerful shift,” she said, “especially for the Americas.”
The path to the ruling began in 2019 with the formation of Girls, Not Mothers movement (Son Niñas, No Madres), a global coalition consisting of the Center for Reproductive Rights, Planned Parenthood Global, Women Transforming the World, the Observatory on Sexual and Reproductive Health of Guatemala and Surkuna, a human rights organization in Ecuador.
Through legal actions, the movement sought to prevent sexual abuse of minors from happening and to break down the barriers that force girls who have been abused to accept unwanted pregnancies, particularly in Latin America.
According to the UN Population Fund, the agency primarily focusing on the reproductive rights of women and girls, Latin America and the Caribbean have the second-highest rate of childbirth among girls under 15 globally. In 2021, five out of every 100 girls in the region became mothers, underscoring an often ignored crisis that affects vulnerable people.
For three girls — Norma from Ecuador and Lucía and Susana from Nicaragua — the nightmare of early motherhood became their reality. After enduring rape, they were each forced to carry pregnancies to full term at age of 13. The pregnancies, born out of violence, irreparably affected their health, futures and well-being. This is why they decided to speak up to make sure this will never happen to any other girl.
Mayra Tirira, the legal coordinator at Surkuna, said it was painful to hear firsthand the stories of the girls, whose stories are not unusual in Ecuador.
“At first, it was going through dismay, pain, rage, and then resignifying all this pain and all this anger into resistance,” she said. “So, there’s more hope knowing that it can change the realities of the girls, at least here in Ecuador.”
As part of the ruling, Ecuador and Nicaragua are obligated to provide economic compensation, ensure that survivors can complete their studies, secure access to education for their children and offer psychological support. Additionally, they must amend their laws to guarantee access to voluntary abortion when a person’s health or life is at risk, or when the pregnancy results from rape. They must train health care and justice personnel to avoid re-victimizing survivors and ensure that cases like these are not left unpunished.
In Ecuador, the government is also required to issue a public apology to Norma for its inaction and failure to protect her when authorities were aware that her father had sexually abused her cousin but took no steps before Norma was raped by him.
It remains to be seen whether the countries will act on the committee’s ruling. Ecuador is heading into a general election season, with the first round of voting — including for president — scheduled for Feb. 9, creating political uncertainty in the country, including its response to the UN ruling.
In Nicaragua, the situation is even more complicated. Under the authoritarian regime of Daniel Ortega, the country has experienced seven years of repression. Human rights defenders, women’s rights groups and journalists opposing the government have contended with increasing persecution, such as political imprisonment, murder, torture and sexual violence. In 2018, the government expelled the local office of the UN High Commissioner for Human Rights, further isolating Nicaragua from international oversight.
Marianny Sánchez, communications director for Planned Parenthood Latin America and spokesperson for Girls, Not Mothers, said the movement will continue the fight and “will be fundamental in guaranteeing and demanding that the condemned states comply with all the measures.”
Mariana Hernández Ampudia is a multimedia journalist from Mexico City, currently pursuing a master’s degree from the Columbia University Graduate School of Journalism. Her reporting focuses on Latino communities in the United States, immigration and Latin America.
este foarte important sa se ajunga la obligatia statului nu doar de a accepta cererea de avort din partea fetelor violate, ci si de a face imediat si pe cheltuiala lui acest avort, ingrijirea fetelor etc, până la prezentarea de scuze publice in cazul in care au avut o sesizare privind un agresor sexual care a violat din nou si nu au reusit sa protejeze a doua victima
Translation from Romanian to English:
it is very important to reach the obligation of the state not only to accept the abortion request from the raped girls, but also to do this abortion immediately and at his expense, care for the girls, etc., until the presentation of a public apology in the event that they had a report regarding a sexual aggressor who raped again and failed to protect the second victim
Not only did they go through the trauma of being raped, they were forced to endure an unwanted and dangerous pregnancies. Tragic for everyone. Shame on those that forced them.
Very thoughtful and thorough reporting on an extremely tragic issue.
Amazing writing.
Girls should be able to enjoy their childhood entirely.