El papel de la Corte Constitucional en la protección de los derechos humanos en Ecuador: análisis de sentencia

The protection of human rights is a fundamental principle enshrined in the Ecuadorian Constitution of 2008, especially in contexts of domestic violence, a problem that affects direct victims and perpetuates structural inequalities. This phenomenon, which violates rights such as dignity, integrity and equality, is addressed through a robust regulatory framework. The Constitution, together with the Comprehensive Organic Law to Prevent and Eradicate Violence against Women, establishes measures of care, protection and reparation, complemented by international treaties such as the Belém do Pará Convention and CEDAW, which require comprehensive public policies and a strengthened judicial system. The Constitutional Court of Ecuador plays a key role in guaranteeing human rights, interpreting and applying constitutional principles to address complex cases such as gender violence. Ruling No. 363-15-EP/21 stands out for its focus on guaranteeing due process, the presumption of innocence and judicial motivation. In addition, it establishes clear standards to protect victims, prevent re-victimization and promote inclusive and equitable justice. The Court also strengthens the alignment between domestic regulations and international standards, consolidating its role as a promoter of structural and cultural changes. Despite progress, challenges persist, such as procedural overload, lack of resources and the need to train justice operators in a gender perspective.

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Primary Topic
Theoretical and Computational Physics
Type
article
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article

El papel de la Corte Constitucional en la protección de los derechos humanos en Ecuador: análisis de sentencia

Dialnet (Universidad de la Rioja)
Theoretical and Computational Physics
article

El papel de la Corte Constitucional en la protección de los derechos humanos en Ecuador: análisis de sentencia

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Abstract

The protection of human rights is a fundamental principle enshrined in the Ecuadorian Constitution of 2008, especially in contexts of domestic violence, a problem that affects direct victims and perpetuates structural inequalities. This phenomenon, which violates rights such as dignity, integrity and equality, is addressed through a robust regulatory framework. The Constitution, together with the Comprehensive Organic Law to Prevent and Eradicate Violence against Women, establishes measures of care, protection and reparation, complemented by international treaties such as the Belém do Pará Convention and CEDAW, which require comprehensive public policies and a strengthened judicial system. The Constitutional Court of Ecuador plays a key role in guaranteeing human rights, interpreting and applying constitutional principles to address complex cases such as gender violence. Ruling No. 363-15-EP/21 stands out for its focus on guaranteeing due process, the presumption of innocence and judicial motivation. In addition, it establishes clear standards to protect victims, prevent re-victimization and promote inclusive and equitable justice. The Court also strengthens the alignment between domestic regulations and international standards, consolidating its role as a promoter of structural and cultural changes. Despite progress, challenges persist, such as procedural overload, lack of resources and the need to train justice operators in a gender perspective.

Dialnet (Universidad de la Rioja)
Gender equality
Openalex Percentile: Top 60%
Theoretical and Computational Physics
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