250. There were no restrictions on freedom of assembly, but the suspension of
enforcement of constitutional guarantees was permitted during a state of
emergency. There had been no cases of such suspension apart from restriction
of the right to meet in certain specific places, such as in the vicinity of
oil refineries or in areas of strategic importance. The right to strike was
guaranteed under the Constitution and set forth in the Labour Code. That
right was fully respected by the Government subject to the necessary security
arrangements. Although the Ecuadorian Government had received in the past
requests to improve its legislation, there was currently no complaint against
Ecuador by the ILO Committee of Experts on the Application of Conventions and
Recommendations. It was considered that a strong organization of the labour
force was absolutely essential to a democratic way of life and, therefore, all
forms of trade-union freedom were supported, A proposal to reform the Labour
Code was currently under consideration by the Congress and most of the
proposed reforms were supported by the trade unions. The remaining changes,
which were necessary in the current economic situation, did not restrict
labour freedoms. Members of the civil service possessed the right of
association, although they could not organize strikes, and there were a
multitude of civil service unions.
Protection of children
251. Referring to persistent reports that children in Ecuador had been
kidnapped for sale or adoption, members of the Committee wished to know what
provisions had been adopted to protect children from such practices and to
prosecute persons who had committed such offences. In addition, it was asked
what were the legal status, citizenship rights and inheritance rights of
children born out of wedlock. Further information was also sought on the
right of married women to initiate legal proceedings.
252. In his reply, the representative of the State party confirmed that there
had indeed been cases in which children had been kidnapped for adoption. A
number of individuals, including lawyers who had acted as intermediaries, had
been convicted and sentenced to prison. The incidents had caused a national
outcry and the regulations on adoption had been suspended on account of the
loopholes they offered to unscrupulous individuals. Furthermore, on
11 January 1990, new adoption regulations, designed principally to promote the
interests of adopted children, had come into force. Since the reform of the
Civil Code in 1970, there had been no distinction whatsoever between children
born in or out of wedlock, provided that a legal declaration of paternity or
maternity was made. As a result of the 1988-1989 reforms, both spouses were
equal before the law and married women were no longer subject to the tutelage
of their husbands. Women were now also free to enter into contracts and to
appear in court.
Right to participate in the conduct of public affairs
253. With regard to that issue, members of the Committee inquired what
progress had been achieved in the preparation of a draft amendment to the
Political Parties Act to bring its provisions more into line with the concept
of "electoral quotient" referred to in the Constitution; what were the
consequences of the deprivation of civil rights; and whether the provisions of
Ecuadorian law, which made voting compulsory except for those who were
illiterate or aged over 65, were compatible with the Covenant.
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