A/HRC/20/25
measures in the context of economic, social and cultural rights and a lack of public
awareness regarding those rights and their justiciability.
25.
The Special Rapporteur welcomes the efforts to reform the judicial system, and
reiterates her recommendation that Ecuador ensure that economic, social and cultural rights
are directly applicable and justiciable in practice. To do so, it must strengthen training for
judges and lawyers on the implementation of those rights and take measures to facilitate
access to the justice system by impoverished members of society.
26.
The Special Rapporteur welcomes the establishment of the National Coordinator on
Economic, Social and Cultural Rights within the Defensoría del Pueblo, and calls on this
NHRI to actively follow up on the implementation of the recommendations of human rights
mechanisms in general and to address the specific issue of extreme poverty in its thematic
reports. The Defensoría del Pueblo should also consider addressing paradigmatic cases to
advance the legal recognition of economic, social and cultural rights within the domestic
justice system.
27.
Since the mission, the Government has implemented the 2007-2010 National
Development Plan and adopted the 2009-2013 National Plan for Good Living (Plan
Nacional para el Buen Vivir). However, information received suggests a pressing need to
strengthen the monitoring and evaluation system of the National Development Plan, which
lacks detailed and easily accessible information on progress made towards its goals. The
Special Rapporteur recalls her recommendation to integrate human rights standards into the
design, implementation, monitoring and evaluation of such programmes, and thus
welcomes the collaboration between Ecuador and the Office of the United Nations High
Commissioner for Human Rights in integrating human rights principles and approaches into
development planning.17
B.
Social protection
28.
The Special Rapporteur welcomes the evolution of the social protection system in
Ecuador. While she acknowledges the use of human rights discourse in the formulation of
social policies, further efforts need to be made to convert this rhetoric into practice and
ensure that social protection is grounded in a rights-based approach. Social security
(including contributory and non-contributory systems) should not be understood as
discretionary assistance; rather, it is a right that must be ensured to everyone within the
country, as recognized in the Constitution.
29.
The Special Rapporteur welcomes the efforts undertaken by Ecuador to increase the
coverage of the BDH programme. As of 2010, Ecuador was the country in Latin America
with the largest percentage of the population (44 per cent) covered by a cash transfer
programme.18 Despite these successes, information received gives rise to ongoing concerns
about the adequacy of the incorporation of human rights principles in the Ecuadorian social
protection system. While the Special Rapporteur welcomes the fact that penalties for noncompliance with conditionalities are still not applied in practice, she calls on the State to
eliminate conditionalities from the programme. The imposition of conditionalities raises a
number of concerns from a human rights perspective, documented in the Special
Rapporteur’s previous thematic reports and raised with the Government in the country
mission report.
17
18
See www.ohchr.org/EN/NewsEvents/Pages/PuttingHRintopracticethroughdevelopmenttheEcuadori
anexperience.aspx.
Simone Cecchini and Aldo Madariaga, Conditional Cash Transfer Programmes: The Recent
Experience in Latin America and the Caribbean (ECLAC, 2011), p. 103.
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