Victory at the UN in the “They Are Girls, Not Mothers” Cases

In far-reaching rulings, the United Nations Human Rights Committee on January 20 set new human rights standards to ensure access to sexual education, safe abortion services, and other protections for sexual abuse survivors. The rulings call on States to amend their legislation to ensure access to abortion and to prevent girls from facing forced pregnancies and forced motherhood. 

The rulings came in cases brought by the Center for Reproductive Rights and its partners on behalf of four Latin American girls who were raped at the ages of 12 and 13, denied access to sexual and reproductive health services—including abortion care—and forced to remain pregnant and give birth.

The cases were filed in 2019 against Ecuador, Guatemala and Nicaragua for violating the girls’ human rights. The Committee issued rulings January 20 in the cases against Ecuador and Nicaragua; the case of Fátima v. Guatemala remains under review.

“No law, religion, or tradition can ever justify forcing children to have children,” said Nancy Northup, President and CEO at the Center for Reproductive Rights in a statement. “Abortion bans, lack of access to reproductive health care, sexual violence, and entrenched social stigma jeopardize the lives and steal the futures of far too many girls and women like Norma, Lucía, and Susana. We are grateful to the Committee for honoring their stories. We will now work to ensure that this ruling leads to changes in the laws that caused them to suffer.”

Declaring that the girls’ human rights were violated, the Committee called for:

• States to amend legislation to ensure access to safe, legal, and effective abortion, especially in cases involving sexual violence or risks to the life or health of the girl, woman, or pregnant person. This includes providing comprehensive health care services, including abortion, and removing existing barriers, particularly in cases of sexual violence, incest, or risks to life and health. 
• States to take action to combat sexual violence, including education, awareness-raising, and training for health and justice professionals. 
• Comprehensive reparations for the survivors, including financial compensation, support to resume their education, psychological assistance, and other measures to help them rebuild their lives. 

“These rulings are a global victory for the feminist fight for reproductive autonomy, in this case, on behalf of girls who are survivors of sexual violence,” said Catalina Martínez Coral, the Center’s Vice President for Latin America and the Caribbean, in a statement. “When forced to become mothers, these girls are not only re-victimized, but their health and life plans are also put at risk. Abortion is an essential healthcare service and must be guaranteed as such.”

“They Are Girls, Not Mothers”

The cases are a key component of the “Son niñas, no madres” (“They are girls, not mothers”) movement, which sheds light on the negative impacts of highly restrictive abortion laws throughout Latin America and the Caribbean.

The litigation addressed ongoing systemic human rights violations happening throughout the region, where girls are regularly subject to forced pregnancy and childbirth due to the persistence of sexual violence, the lack of access to sexual and reproductive health services, and the presence of restrictive laws that do not allow access to services such as abortion care.

The petitioners in these cases experienced sexual abuse by men in positions of power and were forced into pregnancy and motherhood—all at ages when they should have been entering middle school.

• Norma, from Ecuador, was 12 years old when she was raped and impregnated by her father and forced into unwanted pregnancy and motherhood. Although at that time Ecuador’s law stated that girls and women could access legal abortion when their lives and health were at risk, this option was denied to her.
• Lucía, from Nicaragua, was 13 years old when she experienced sexual violence from a priest in her town. She never had access to information or comprehensive sexual education and was forced to remain pregnant and give birth against her will.
• Susana, from Nicaragua, was 13 years old when she became pregnant as a result of repeated sexual abuse by her maternal grandfather. Despite her decision not to continue the pregnancy—and despite the risk it posed to her life—she was forced to remain pregnant and gave birth without prior medical care or support from the health care system. The criminal complaint against her aggressor was rejected at least five times and he was never apprehended.
• Fátima, from Guatemala, was raped at 13 years old by a teacher, who was also a former official with the agency in charge of protecting children. She was forced to continue the pregnancy resulting from the abuse. She was blamed for the pregnancy by the health personnel who attended to her, and the justice system never caught her aggressor. (Fátima’s case is currently under review.)

>> Read more about the girls here.

Rulings’ SRHR Protections Will Be Far Reaching

The UN Human Rights Committee’s rulings—and their SRHR protections—will reach beyond Ecuador and Nicaragua, extending to 173 countries that are member States of the International Covenant on Civil and Political Rights (ICCPR). In addition to requiring States worldwide to implement measures to prevent girls from being forced into pregnancy and motherhood, the rulings will establish a necessary standard for other States to follow.

The United States is a member of the ICCPR, as are countries throughout Africa, Asia, Europe, South America, and North America. More than a dozen states in the U.S. currently prohibit abortion—policies that do not adhere to the Committee’s new SRHR standards.

Brought in collaboration with Planned Parenthood Global, Mujeres Transformando el Mundo Guatemala (MTM), Observatorio en Salud Sexual y Reproductiva Guatemala (OSAR), Surkuna Ecuador, and Debevoise & Plimpton LLP, the litigation marked the first time four cases were presented at the same time to the UN Human Rights Committee to tackle a regional issue.

Pregnancy and Childbirth Carry Great Risks for Adolescents

In Latin America and the Caribbean—where an estimated 80% of sexual assaults are committed against girls between the ages of 10 and 14—two out of every 100 women giving birth are younger than 15.

In addition to negatively impacting adolescents’ educational and employment opportunities and life plans and perpetuating cycles of poverty, adolescents face greater risks in pregnancy and childbirth.

In Latin America, maternal mortality is one of the leading causes of death in adolescents and young people aged 15 to 24 in the region—and girls under 16 are four times more likely to die from complications in pregnancy, childbirth, or postpartum.

“It is essential to guarantee that all people, especially girls, have access to essential healthcare services like abortion,” added Martínez Coral. “As a society, we have a duty to protect girls and let them live as who they truly are: girls, not mothers.”

>> Case Background: “They Are Girls, Not Mothers” (Norma v. Ecuador, Lucía v. Nicaragua, Susana v. Nicaragua, Fátima v. Guatemala) Explore the cases in-depth, including legal arguments, filings and more.

>> The Girls’ Stories: More details about Norma, Lucía, Susana and Fátima

“No law, religion, or tradition can ever justify forcing children to have children.”

Nancy Northup, Center President and CEO