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Bludgeon Award

Ecuador - Constitutional Tribunal - Prohibition to commercialize the morning-after pill

THE COURT SUSPENDS THE REGISTRY AND CERTIFICATION OF THE MORNING-AFTER PILL (POSTINOR2) INDEFINITELY, SO IT CANNOT BE SOLD.

Judges: Manuel Viteri Olvera, Lenin Arroyo Baltán y Jorge Alvear Macías.

The petitioner requests the suspension of the Sanitary Registry to commercialize Postinor 2, known as the "morning-after" pill arguing that it violates the right to life. The Court held that Postinor 2 prevents the implantation of a fertilized egg and therefore it violates the right to life. Additionally, the Court states that the right to life of the fetus must prevail over women's sexual and reproductive rights. The Court held that issuing a certification for Postinor 2 was an illegitimate act by the authorities and suspends the certification indefinitely to prevent the sale of the medication.

This decision reinforces a view of women as NOT SUBJECTS OF RIGHTS contributing to perpetuate the control and domination over women's bodies, sexuality and reproductive choices. It underestimates maternal mortality rates originated in unwanted pregnancies as well as their effect on women's life plan. It violates women's right to choose about something that has significant repercussion on their life and personal freedom as well as their right to life, equality before the law, freedom, and to make responsible decisions about sexual and reproductive issues, among others and other rights contained in international human rights treaties signed and ratified by Ecuador.

Additionally, the decision does not acknowledge scientific evidence showing the contraceptive and not abortive nature of the morning-after pill, it does not balance the issues involved and lacks a systematic interpretation of the Constitution.