Paola Guzmán Albarracín
A landmark case of sexual violence in schools
Paola Guzmán Albarracín
Paola Guzmán Albarracín was an Ecuadorian girl described by her mother, Petita Albarracín, as quiet, fond of staying at home and playing with
her cousins.
At the age of 14, Paola began struggling academically. The vice principal of her school took advantage of her difficulties and began harassing and sexually abusing her. For two years, other staff at the school knew of the ongoing abuse and did nothing to stop it. Overwhelmed, Paola ultimately took her own life.
Seeking justice for her daughter was initially an uphill battle for Petita Albarracín. She did not have the financial means to hire a lawyer and often did not even have anyone to go with her to follow up on her complaint.
However, her circumstances improved when she connected with the Ecuadorian Center for the Promotion and Action of Women (CEPAM), a feminist organization with a 40-year history of advocacy in Ecuador. CEPAM partnered with the Center for Reproductive Rights to take Paola’s case to the Inter-American System of Human Rights.
Petita Albarracín and Lita Martínez
The system comprises the Inter-American Commission on Human Rights (IAHCR) and the Inter-American Court of Human Rights (IA Court) and protects and upholds human rights across the Americas. In other words, it provides people who have been denied justice in their own countries with a mechanism for seeking redress at the international level, ensuring compliance with the human rights treaties and agreements that these countries are signatories to.
In October 2006, Paola Albarracín’s case reached the IACHR, which is responsible for receiving and investigating complaints. After evaluating the facts, the IACHR issued a merits report that concluded that Paola was a victim of sexual violence and that this abuse was directly linked to her decision to end her life.
The IACHR also determined that Ecuador had failed in its duties of prevention and due diligence, as neither the school nor the authorities had the necessary measures in place to respond to crimes of this sort. The IACHR recommended that the State take a series of actions, including investigating and punishing those responsible for the crime, implementing material and moral reparation for the victim’s family, and providing free
psychological support.
In 2019, after Ecuador failed to comply with these recommendations, the IACHR escalated the case to the IA Court so that it could rule on the State’s responsibility for the human rights violations committed against Paola.
This was the first case of sexual violence against a girl within an educational establishment to reach the IA Court and was thus a milestone in the protection of the right to a life free from sexual violence at school. In its 2020 ruling, the IA Court found Ecuador responsible for the sexual violence that Paola suffered at her public school and underscored the State’s duty of care.
Audio:
“It was really important for me. I never thought I’d get as far as the Court, but it turned out to be a blessing—not just for me but for the lawyers who worked so hard on the case and who I really depended on. Thank God we reached that stage. I felt a deep sense of peace, knowing that everything had been handled so carefully.”
The IA Court ruling mandated several reparation measures that Ecuador had to implement. These included a public ceremony led by then-president Lenín Moreno, where the Ecuadorian Government formally acknowledged its responsibility for violating Paola Albarracín’s rights and issued an official apology. At the event, Paola was posthumously awarded her high school certificate, and August 14 was declared the Official Day for the Fight Against Sexual Violence in Schools.
Lawyer Lita Martínez, Executive Director of CEPAM, highlights that one of the most significant achievements of taking Paola’s case to the inter-American system was providing victims with tools to challenge and dismantle the “symbolic order” of
patriarchal power in situations of
gender-based violence.
Martínez notes that a reparative process began for the victims when the IACHR admitted the case, as this constituted an acknowledgement that a human rights violation had occurred.
This shift was particularly evident in Petita Albarracín’s journey. As part of its work on the case, the IACHR held a public hearing on October 19, 2015, during its 156th Period of Sessions. She and the organizations representing her traveled to Washington, DC, to testify before the commissioners.
Lita Martínez described the experience
as transformative.
Lita Martínez noted that the Merits Report was hugely important not only because it advanced the case within the Inter-American System but also because it serves as an external legal instrument that articulates inter-American standards on sexual violence in schools. Organizations can now use
these findings for their advocacy work in different fields.
The quest for justice for Paola through the Inter-American System has had far-reaching implications. Both the IACHR and the IA Court have established clear lines of action for preventing, investigating, and punishing sexual violence in educational settings—standards that extend beyond Ecuador to all of Latin America and the Caribbean.
Audio:
“The thing that was so significant about this ruling and taking the case to the inter-American system was realizing that it is possible to dismantle the entrenched structures and symbolic order of patriarchal domination. The case has provided us with tools and resources to challenge and eradicate impunity. In my view, the most important outcome is the message it sends to victims and society: it is possible to end impunity and attain justice, even when this seems out of reach within our own legal systems. This ruling goes beyond individual victims by setting a legal precedent."
Audio:
“The Petita I boarded the plane with in Guayaquil was not the same as the Petita who came back after the hearing. When she set out on that journey, she was filled with fear but determined to seek justice, even though she was uncertain of the outcome. When she delivered her testimony and was truly heard by the IACHR, something profound shifted inside her. Her whole bearing changed. She found a way forward."
Each year on March 8 and November 25, Petita Albarracín marches in defense of the rights of women, adolescents, and girls. She supports young activists who monitor the IA Court’s ruling and encourages other survivors to seek support from feminist organizations, which she describes as teams of strong, brave, and compassionate women whose support was vital in her journey. While she will always grieve for Paola, she has found what she describes as “a quiet form
of peace.”
About the case
The case of Paola del Rosario Guzmán Albarracín refers to sexual violence perpetrated by the Vice-Principal of the educational institution in Ecuador that she attended. This event led Paola to commit suicide on December 13, 2002. The case was admitted by the IACHR on October 17, 2008. In its merits report, the Commission concluded that Ecuador is responsible for the sexual violence that Paola experienced and that there was a direct relationship between said violence and the decision to take her own life. Likewise, the IACHR determined that the State did not guarantee the protection of the adolescent or access to justice.
On June 24, 2020, the IACHR declared Ecuador responsible for the sexual violence suffered by Paola, as well as the violation of the guarantees and judicial protection of Paola's mother and sister, Petita Paulina Albarracín Albán and Denisse Selena Guzmán. The Court concluded that Ecuador did not comply with its protection obligations and did not act diligently to prevent violence. It also noted that the lack of sexual and reproductive education created Paola's situation of vulnerability, as she did not have the tools to understand sexual violence.
The case of Guzmán Albarracín was a pioneer in recognizing the right of girls to live free of violence in the educational field and in establishing sexual and reproductive education as an essential component to prevent sexual violence against girls, boys and adolescents.
The recommendations made by the IACHR and the reparations ordered by the IACHR are in the process of being implemented by the Ecuadorian State.