IACHR refers case to Inter-American Court concerning detention of pregnant woman in Ecuador

November 24, 2025

Washington, DC— On September 2, 2025, the Inter-American Commission on Human Rights (IACHR) submitted Case 13.196 regarding Ecuador to the Inter-American Court of Human Rights (IA Court). The case concerns the actions of State authorities in connection with the detention of María Carlota Lema Chango while she was pregnant.

The petition was received by the IACHR in 2003 and describes the arrest of María Carlota Lema Chango for possession of marijuana in May 2002, while she was pregnant. Despite her condition, she was held in pretrial detention, and an initial habeas corpus request was denied. Although the Constitutional Court ordered that her incarceration be replaced with house arrest, this ruling was not enforced, resulting in the unlawful prolongation of her imprisonment without the special safeguards and protections required during pregnancy.

She was later brought to trial and was then sentenced to eight years in prison for the unlawful possession of drugs in February 2003. Her cassation appeal was rejected in 2004. In 2008, she was one of the beneficiaries of a general pardon issued by the Ecuadorian Constituent Assembly for individuals convicted of possession of small amounts of drugs and was released.

In its Merits Report No. 446/21, the IACHR found that María Lema Chango’s pretrial detention during pregnancy and the postpartum period was in breach of Ecuadorian law, which explicitly prohibits pretrial detention for pregnant women. The order to place her under house arrest was not enforced.

The IACHR also noted that the Ecuadorian authorities failed to act with due diligence to protect María Lema Chango, denying her the special care required during her pregnancy and after the birth of her child. This reflected discriminatory treatment toward pregnant women accused of drug-related offenses and a punitive culture that ignored measures of legal protection.

The IACHR concluded that her continued detention caused serious harm to María Lema Chango’s physical and mental health and to her dignity. Likewise, the State failed to consider the best interests of her newborn child by not ensuring a safe environment and appropriate conditions during childbirth and in the postpartum period.

Based on these facts and an analysis of the law, the IACHR concluded that the State of Ecuador is responsible for violations of the rights to integrity (article 5), personal liberty (article 7), honor and dignity (article 11), the protection of children (article 19), equality before the law (article 24), judicial protection (article 25), and health (article 26) of the American Convention on Human Rights, in relation to article 1.1 (obligation to respect and ensure rights), and the duty to punish and eradicate violence against women established in article 7 of the Convention of Belém do Pará, to the detriment of María Lema Chango and her son.

Consequently, the IACHR asked the IA Court to order the following measures of reparation:

1. Provide full reparation for the violations listed above, including financial compensation and measures of satisfaction.

2. Offer physical and mental health care to María Lema Chango, should she desire this, in consultation with her.

3. Promote alternatives to pretrial detention for pregnant women, such as house arrest or satellite monitoring systems.

4. Ensure comprehensive health care and professional support for women who are pregnant, breastfeeding, or postpartum while deprived of their liberty, taking a gender-sensitive approach.

5. Implement a permanent training program for members of the police force, prosecutors, and judicial officials on gender-sensitive approaches in these contexts.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 241/25

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