La violencia contra la mujer y la aplicación de las garantías constitucionales en el Ecuador.

Abstract

This present research analyzes the ineffectiveness of constitutional guarantees designed to protect the right of the women to live free from violence in Ecuador, in light of the increase in gender-based violence recorded in the period following the COVID-19 pandemic. The study addresses the different forms of abuse affecting women, and examines statistical information from official sources such as the Inter-American Convention of Belem do Pará, the Constitution of the Republic of Ecuador, the current legal framework, and the public policies implemented by the Ecuadorian State for the prevention of abuse, protection, and support of victims. The methodology employs a mixed-methods approach: quantitative, focusing on official statistics regarding the high rate of violence; and qualitative, using reliable documentary sources such as the implementation or review of national and international regulations, institutional reports, jurisprudence, and academic studies to support the discussion. Furthermore, the analytical method is important to note, as it has been identified that despite the existence of a broad constitutional and legal framework that should protect women, difficulties persist in applying effective defense. Regarding existing responses, timely access to protective measures, the actions of justice system operators, and coordination among responsible institutions, inconsistencies have been observed in the application of the law. It is concluded that, since the post-pandemic period, attacks against women, considered the weaker sex, have increased. Documents show that many women have been driven to suicide by psychological abuse; many of them have died without being able to defend themselves due to fear or ignorance of a constitutional law that guarantees their protection.