The case took place at the Universidad Andina Simón Bolívar in Ecuador. The amicus curiae points out the interconnections between gender-based violations and academic freedom
CAFA legal counsel Salvador Herencia-Carrasco filed an amicus curiae brief with the judge of the Judicial Unit of Criminal Guarantees Specialized for the Prosecution of Crimes Related to Corruption and Organized Crime of Ecuador, regarding a case of sexual and labor harassment at the Universidad Andina Simón Bolívar (UASB). The purpose of this report is to provide the court with some guidelines that may contribute to the analysis of the case under its jurisdiction.
This case has been taken to the Court of Justice by Professor Cristina Burneo Salazar, after having filed a formal complaint with the Human Resources office of the UASB for harassment at work and violations of her academic freedom on the basis of gender exercised by managers in her area.
The report states that “Prof. Burneo Salazar’s situation is a case of academic freedom, protected by international human rights standards, and these instruments could contribute to a resolution based on law”. According to the amicus curiae, the UASB “began to treat as two different processes what was from the beginning only one: Cristina’s complaint for labor harassment and violations of academic freedom” and argues how the labor and sexual harassment has affected the academic freedom of the teacher. In conclusion, “no right is absolute and is limited, proportionally, by the rules of public order and the protection of the exercise of other rights”.
In addition, the amicus curiae highlights the importance of the case for the defense of academic freedom in its interrelation with gender-based violations and historically violated groups:
“The case that this illustrious court will have to decide is of utmost importance as it deals with three highly relevant problems: violence against women in higher education institutions, the development of gender programs and the inclusion of people from historically vulnerable groups as beneficiaries of scholarships and institutional support to continue their studies.”
Read here the full document presented by Salvador Herencia-Carrasco on behalf of CLAA.