IACHR takes to Inter-American Court case concerning Ecuador about the failure to protect a woman with disabilities subjected to sexual violence

December 3, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) filed an application before the Inter-American Court of Human Rights on August 29, 2025, in Case 13,730, with regard to Ecuador. The case—taken to the IACHR in 2010—concerns the failure to provide special protection to G.C.A.M., a mentally disabled woman.

The case concerns irregularities and a lack of due diligence in investigations of sexual violence perpetrated against G.C.A.M. and her separation from her son, the child’s irregular registration in the civil registry, and persistent impunity regarding these events.

In 2010, G.C.A.M. reported to the public prosecutor’s office in Pichincha that she had been subjected to domestic violence and physical, psychological, and sexual abuse. Charges were pressed in 2012, but the public prosecutor’s office later decided to end the investigation and the court provisionally closed the case in 2013. During proceedings, the authorities ignored the victim’s testimony, questioned her credibility, and forced her to repeat her statement several times, which compounded her suffering.

G.C.A.M. also suffered serious irregularities while trying to register her child—born as a result of rape—in the civil registry. The boy was registered three times with different surnames, and even as his uncles’ son, which triggered a judicial limbo concerning his identity and paternity. When she regained the child’s custody, G.C.A.M. was subjected to threats and assault by members of her family, and the authorities failed to protect her or ensure her safety.

In Merits Report 32/23, the IACHR found that the State of Ecuador had failed to grant G.C.A.M. effective access to justice; that the authorities had failed to adopt reasonable accommodations or to act with the due diligence required in cases involving gender-based violence; and that her testimony had been dismissed based on stereotypes. The IACHR also noted the lack of protection measures (given the threats suffered by G.C.A.M.) and the technical deficiencies apparent in the assessment of evidence.

The IACHR established that the State was liable for having violated the rights to juridical personality, to a name, and to child protection of the son of G.C.A.M., given the irregularities in his civil registry registration that led to him being registered several times and to a lack of certainty concerning his identity.

The IACHR therefore concluded that the State of Ecuador was liable for violations of the rights to a fair trial, equal protection, and judicial protection (Articles 8, 24, and 25), of the rights to juridical personality, a name, and child protection (Articles 3, 18, and 19), and the right to physical and moral integrity (Article 5.1) held in the American Convention on Human Rights, concerning the obligations held in Articles 1 of that instrument. The IACHR also found that the State had violated Article 7 of the Belém do Pará Convention, to the detriment of G.C.A.M.

The IACHR therefore asked the Inter-American Court of Human Rights to demand that the State take the following measures:

1. Provide comprehensive reparations—financial compensation and other measures—for rights violations.
2. Provide physical and mental healthcare to G.C.A.M. and her son, with their consent.
3. Reopen this criminal investigation and ensure it is conducted with due diligence, victim participation, psychosocial support, and legal counsel.
4. Revoke the child’s second civil registry registration.
5. Take measures of non-recurrence, including the adoption of a protocol to assist persons with disabilities and the provision of training for officials about equality, non-discrimination, and sexual and reproductive rights.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 250/25

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