Derecho a la tutela judicial efectiva en los delitos de violencia contra la mujer.

Abstract

Understanding that the State is the entity par excellence whose main reason of being is the regulation of relationships between individuals that arise in a society is an issue that has been reiterated many times. However, to approach this idea from a theoretical point of view and to translate it into reality is an enormous task, since it is not only necessary to deal with the structural problems that arise when seeking to establish concrete mechanisms for the State to safeguard the rights of citizens, but also to take into account that it is ordinary people who are in charge of providing this kind of State services, people with their own prejudices and ways of thinking. With this in mind, has to be taken into consideration that, in the Ecuadorian society and Latin American society in general, there are criteria called suspicious categories, which can become a limitation for the exercise of rights, since these are present together with some kind of unjustified and unconstitutional discrimination. Within the universe of suspicious categories, there is one called gender stereotype. With this background, and taking into account that effective judicial protection is the right that cements the path through which citizens can make known to the administration of justice about the issues that affect them, this research paper seeks to approach the following questions: Are all the assumptions that the Constitutional Court of Ecuador has pointed out about effective judicial protection really met when a woman, victim of violence, files a criminal complaint? Does gender stereotype constitute, in this context, a suspicious category?