Legal abortion in Ecuador: how the Constitutional Court decriminalized abortion in cases of rape

Abstract

ABSTRACT Ecuador has some of the most punitive laws on abortion in America. Traditionally, Ecuador has allowed abortion in two cases: rape against a woman with a mental disability and threat to a woman’s life or health. However, on 28 April 2021, the Constitutional Court of Ecuador decriminalized abortion in all cases of rape. In Case 34–19-IN/21, the Court determined that Article 150 section 2 of the Ecuadorean Criminal Code (COIP) unconstitutionally discriminated against women without mental disabilities who wanted to interrupt unwanted pregnancies resulting from rape. The implications of the Case 34–19-IN/21 decision are decisive because it advances women’s sexual and reproductive rights in Ecuador. In decriminalizing abortion in all cases of rape, the Court stressed that equality, nondiscrimination and human dignity must be the legislative guidelines of parliaments and also the limits to the punitive power of states. To explain these relevant aspects, this commentary follows a socio-legal approach to contextually explore Case 34–19-IN/21, report on the current situation of decriminalization of abortion in Ecuador and reflect on what could happen after such an important constitutional ruling.