Ecuador

Ecuador is a presidential democracy with a Constitution that declares Ecuador to be secular. The people are a patchwork of indigenous communities, including people of colonial Spanish origins.

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
Some concerns about political or media freedoms, not specific to the non-religious
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
No formal discrimination in education
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Constitution and government
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Education and children’s rights
No formal discrimination in education
Family, community, society, religious courts and tribunals
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Freedom of expression advocacy of humanist values
Some concerns about political or media freedoms, not specific to the non-religious
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Mostly Satisfactory
Free and Equal
More information about rating table

Constitution and government

Ecuador is among the countries showing the biggest fluctuations with regard to religiosity. In 2005, 85% of Ecuadorians declared a religious affiliation. In 2012 this had reduced to 70%, according to the Global Index of Religiosity and Atheism (2012) by Win-Gallup.[ref]http://www.wingia.com/web/files/news/14/file/14.pdf[/ref] However, a 2018 report by Pew Research found that 95% of the population consider themselves a religious affiliate.[ref]https://www.pewforum.org/2018/06/13/how-religious-commitment-varies-by-country-among-people-of-all-ages/[/ref]

The Constitution of the Republic of Ecuador[ref]https://pdba.georgetown.edu/Constitutions/Ecuador/english08.html[/ref] refers to the state “Guaranteeing secular ethics as the basis for public service and the legal regulatory system” (Article 3(5)), but the preamble invokes: “the name of God and recognizing our diverse forms of religion and spirituality”. Article 1 declares Ecuador “a social, democratic, sovereign, independent, unitary, intercultural, multinational and secular State.”

Article 11(2) provides a comprehensive non-discrimination clause, prohibiting discrimination on the basis of “ethnic belonging, place of birth, age, sex, gender identity, cultural identity, civil status, language, religion, ideology” among other distinguishing attributes. It also establishes a positive obligation on the State to “adopt affirmative action measures that promote real equality for the benefit of the rights-bearers who are in a situation of inequality.”

Article 66(8) protects the right to:

“practice, keep, change, profess in public or private one’s religion or beliefs and to disseminate them individually or collectively, with the constraints imposed by respect for the rights of others.

“The State shall protect voluntary religious practice, as well the expression of those who profess no religion whatsoever, and shall favor an environment of plurality and tolerance.”

Since 2018, the Interfaith National Council for Religious Freedom and Equality has worked to propose legislation to achieve more equal treatment of different religious institutions and organizations. However, the Catholic Church continues to benefit from financial privileges and tax exemptions.[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/ecuador/[/ref]

Education and children’s rights

Under Article 26 of the Constitution, education is designated a priority area for public policy-making and investment. Article 28 states that “[p]ublic education shall be universal and secular at all levels,” however Ecuador has a long history of provision of private education by religious organizations.

According to Article 27:

“Education will focus on the human being and shall guarantee holistic human development, in the framework of respect for human rights, a sustainable environment, and democracy; education shall be participatory, compulsory, intercultural, democratic, inclusive and diverse, of high quality and humane; it shall promote gender equity, justice, solidarity and peace; it shall encourage critical faculties, art and sports, individual and community initiatives, and the development of competencies and capabilities to create and work.”

Public schools are prohibited from providing religious instruction.

Family, community and society

LBGTI+ rights

Same-sex marriage was legalized in Ecuador in July 2019, following a Constitutional Court ruling that the country’s ban on same-sex marriage was unconstitutional.[ref]https://www.bbc.co.uk/news/world-latin-america-48620744[/ref] The country has yet to legalize adoption by same-sex couples.[ref]https://www.equaldex.com/region/ecuador[/ref]

According to a survey conducted in 2019, an estimated 51.3% of the population still disapprove of same-sex marriage.[ref]https://ww2.elmercurio.com.ec/2019/07/24/el-513-de-los-ecuatorianos-desaprueba-el-matrimonio-igualitario-segun-encuesta/[/ref]

Indigenous communities

Approximately one quarter of the country’s estimated 1.1 million indigenous people live in the Amazonian region. Of the 14 nationalities indigenous to the country, seven are in an extremely vulnerable position with populations ranging between 300-1,500.[ref]https://www.iwgia.org/en/ecuador/3620-iw-2020-ecuador.html[/ref] The COVID-19 pandemic has caused some groups to fear extinction.[ref]https://www.aljazeera.com/news/2020/5/6/ecuador-indigenous-community-fears-extinction-from-coronavirus; https://www.amazonfrontlines.org/chronicles/covid19-siekopai-secoya-amazon-ecuador/[/ref]

Chapter four of the Constitution sets out the rights of its indigenous peoples. However, according to the International Working Group for Indigenous Affairs (IWGIA), “Ecuador still lacks specific and clear public policies that could prevent or mitigate the risk of these peoples disappearing, together with effective instruments that would ensure the enforcement of collective rights that are already widely recognised in the current Constitution.”

As a mineral and oil-rich country, the lands and territories of the indigenous peoples of Ecuador are vulnerable to exploitation and extraction that undermine their human dignity, cultural heritage, socio-cultural cohesion and economic security.[ref]https://www.iwgia.org/en/ecuador/3620-iw-2020-ecuador.html[/ref]

Freedom of expression, advocacy of humanist values

Free speech limitations

The Constitution provides for freedom of speech. In particular, Section three outlines rights related to information and communication. Article 18 states “[a]ll persons, whether individually or collectively, have the right to: 1. Look for, receive, exchange, produce and disseminate information that is truthful, accurate, timely, taken in context, plural, without prior censorship about the facts, events, and processes of general interest, with subsequent responsibility.”

Some self-censorship is exercised, especially regarding politically-sensitive issues and stories about the armed forces. Defamation is a criminal offence punishable by up to three years in prison. In 2011, three executives and a former columnist from opposition daily newspaper El Universo were sentenced to jail terms and a massive fine for “libelling” President Correa.[ref]https://pen-international.org/es/noticias/ecuador-letter-to-president-correa-from-pen-international-and-pen-centres-in-latin-america-and-the-caribbean[/ref]

Under a law which requires the media to give the government free space or airtime, governments can and have required TV and radio to broadcast programmes produced by the state.

Freedom of assembly and attacks on the press

In October 2019, at least 138 journalists were attacked while attempting to cover protests taking place against a series of economic adjustments (Decree 883) announced by the government, which included a reduction in public sector salaries and the end to fuel subsidies.[ref]https://www.bbc.com/mundo/noticias-america-latina-49934023; https://pen-international.org/news/latin-america-freedom-of-expression[/ref] Journalists reportedly faced attack from the police and by demonstrators.[ref]http://www.oas.org/es/cidh/prensa/comunicados/2020/008.asp[/ref] The declaration of a State of Emergency further hampered journalists’ ability to cover the protests.

Following a fact-finding mission conducted by the Inter-American Commission on Human Rights, the Ecuadorian government was found to have used excessive use of force in order to quell the protests.[ref]http://www.oas.org/es/cidh/prensa/comunicados/2020/008.asp[/ref]