High court rules that sexual predator registration law is unconstitutional

Dec 9, 2019 | 15 comments

The Constitution Court ruled Friday that a law requiring the names of those convicted of sexual crimes be included on a public registry is unconstitutional. Passed by the National Assembly in November, President Lenin Moreno asked the court to review the law’s legality.

The Constitutional Court ruled that registration of those convicted of sex crimes is unconstitutional.

Citing constitutional language, the court said the law violated a provision that forbids “discrimination against a person based on his or her judicial past.” The constitution also says those convicted of crimes are entitled to rehabilitation that will restore all rights. “Item 2 of Article 11 of Ecuador’s constitution states that no one may be discriminated against on grounds of ethnicity, place of birth, age, sex, or judicial history,” the court wrote in its ruling.

The decision was criticized by National Assemblywoman Lourdes Cuesta, one of the law’s sponsors. “This action puts at risk children and adolescents from sexual aggressors,” she said, adding that she will explore other options for achieving the law’s intent, including amending the constitution.

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