La boleta de auxilio como medida de protección contra la violencia de género hacia las mujeres, en la provincia del Azuay, una propuesta de reforma normativa para prevenir, sancionar y erradicar la violencia contra la mujer.

Abstract

Gender violence against women is a structural, social, cultural and political problem whose consequences have a negative impact on the people who have suffered it, affecting their identity, social, physical and psychological well-being, leaving irreversible damage and traces. In this context, the State as guarantor and responsible for the right to a life free of violence has established in the Ecuadorian legal system processes to guarantee this right. In these processes, protection measures are established, such as the "boleta de auxilio", which is questioned for its lack of coercive legal force to eradicate violence, a situation that limits the real guarantee of protection of their rights. Faced with this situation, the present research proposes as an objective, to elaborate a reform to the Law to Prevent and Eradicate Violence against Women (2018), specifically to Art. 21, Numeral 11, on the monitoring of the applicability of the measures. To argue the proposal, research that implements a mixed methodology that facilitates the use of quantitative and qualitative tools for data collection and data analysis is proposed. The units of analysis are the databases of INEC, the Cantonal Councils for the Protection of Rights and the Ministry of Public Health, and their representatives, for their ease of access to information. The results show that the aid ticket is conditioned by economic, sociocultural, technical and legal factors, which limit the monitoring and follow-up for its effective application. Therefore, the proposal is oriented towards a reform of the Law to Prevent and Eradicate Violence against Women (2018), in order to make explicit the obligatory nature of generating the necessary conditions so that the institutions responsible and co-responsible for the Protection System prioritize the monitoring process that guarantees the effective application of this protection measure.