Los derechos de las mujeres en materia de violencia de género, un estudio crítico.

Abstract

This study conducts a critical analysis of the effectiveness of Ecuador's legal framework in protecting women's rights against gender-based violence. Although Ecuador has made progress in constitutionally recognizing rights and enacting specialized laws, such as the Comprehensive Organic Law to Prevent and Eradicate Violence against Women, a significant gap has been identified between the regulations and their effective implementation. The research reveals that serious obstacles persist, such as the existence of legal loopholes that leave forms of violence such as symbolic and gynecological-obstetric violence unpunished, due to the lack of specific criminal penalties. Likewise, there is evidence of deficient and insensitive enforcement by the justice system, characterized by the persistence of gender stereotypes, revictimization, and the imposition of derisory penalties that perpetuate a cycle of impunity. These shortcomings, coupled with structural barriers to access to justice, violate constitutional principles such as legal certainty and substantive equality. It is concluded that legal reform is needed to criminalize all forms of violence, along with mandatory gender training for justice operators and the strengthening of comprehensive public policies that ensure the effective protection of women's rights.