Domestic violence in Ecuador

Last updated

Domestic violence in Ecuador is a pervasive issue that disproportionately affects women and reflects broader challenges in the country's efforts to address gender-based violence. [1] Although Ecuador has adopted progressive laws and international commitments over the past four decades, enforcement remains weak. As a result, domestic abuse often goes underreported. [2] Surveys reveal that the majority of Ecuadorian women have experienced some form of violence in their lifetimes, psychological and physical abuse by intimate partners are particularly common. [3] The situation is further complicated by deeply rooted cultural attitudes, systemic impunity, and the involvement of state institutions in both perpetuating and failing to adequately address abuse. High-profile cases like those of Salomé Aranda and María Belén Bernal have sparked national outrage. These incidents have intensified public demands for justice and reform. Domestic violence in Ecuador is not only a human rights concern but also a reflection of ongoing struggles to ensure accountability, safety, and dignity for women across the country. [4]

Contents

Historical milestones

1979–1981

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the United Nations General Assembly on December 18, 1979, [5] signed by Ecuador on July 17, 1980, and was approved and came into force in 1981 during the presidency of Osvaldo Hurtado Larrea. [6]

1994–2002

The Convention of Belém do Pará was adopted in 1994, which acknowledges that women have the right to live without violence, defines acts of violence against them, and highlights that such violence infringes upon human rights and essential freedoms. [7] During the same year, the first women's police stations were created in Ecuador. [8]

In 1995, the Beijing Declaration and Platform for Action was adopted, marking a significant milestone in global efforts to advance gender equality and women's rights. [9] Later that year, in November, Ecuador enacted the "Law Against Violence Toward Women and the Family," also known as Law 103, This law established the state's responsibility to intervene through the justice system to address and combat violence against women and families. [8]

2003–2011

The Ecuadorian State, through Decree 620 on September 10, 2007, established the construction of the National Plan for the Eradication of Gender-Based Violence against girls, boys, adolescents, and women (2007-2010). As part of this plan, strategic pillars were included, such as the transformation of sociocultural patterns, the construction and strengthening of the comprehensive protection system, access to justice – institutional framework, and the construction and implementation of a registration system. [10]

On October 20, 2008, the new Constitution of the Republic established priority, preferential, and specialized care in which older adults, children, adolescents, pregnant women, people with disabilities, prisoners, and those suffering from catastrophic or high-complexity diseases will receive prioritized and specialized care in both public and private sectors. Similarly, priority care will be given to individuals in risky situations, victims of domestic and sexual violence, child abuse, and those affected by natural or man-made disasters. The State will provide special protection to individuals facing double vulnerability [11]

On 2011, The National Council for Gender Equality, the National Institute of Statistics and Censuses, and the Ministry of the Interior conducted the first National Survey on Family Relationships and Gender-Based Violence Against Women in 2011. This survey examines the various forms of violence (physical, psychological, sexual, and economic) that women have experienced throughout their lives, in both public and private spheres, as well as their awareness of or search for services and avenues for justice. [3]

2012–2020

In 2014, to promote more equitable justice, several reforms were made to the Comprehensive Organic Penal Code (COIP) in Ecuador, femicide and discrimination were classified as a criminal offense. Sanctions were established for violence against women or members of the family unit, and the violation of privacy was also classified as a crime. [12]

In January 2018, the National Assembly of Ecuador approved the Comprehensive Organic Law to Prevent and Eradicate Violence against Women, which came into effect upon its publication in the Official Register No. 175 in February of the same year. This law is applicable throughout the entire national territory and to all women residing in the country. Its primary goal is to prevent and eliminate all forms of violence against women through four key areas: prevention, care, protection, and redress. [13]

In 2019, the second National Survey on Gender-Based Violence against Women was conducted. Unlike the 2011 survey, the 2019 version provided a more in-depth investigation into violence by type and in each area. The methodological and operational structure of the survey was updated with new regulatory and conceptual frameworks, allowing for more accurate and comprehensive data. The 2019 survey not only examines violence experienced by women throughout their lives, but also focuses on incidents in the past 12 months. It also introduced new topics, including gynecological-obstetric violence, and made a preliminary attempt to study cyber violence and political violence. [14]

Extent and social views

The extent of domestic violence is difficult to estimate, due to differing definitions of abuse and due to problems with self reporting in studies.

Data from the 2004 survey with the collaboration between the Pan American Health Organization and the Centers for Disease Control and Prevention, with technical input from MEASURE DHS, ICF International reveal [15] l:

Data from the 2011 Survey on Family Relations and Gender-Based Violence against Women, carried out in Ecuador, reveal that female population aged 15 and older: [3]

Data from the 2019 Survey on Family Relations and Gender-Based Violence against Women, carried out in Ecuador, reveal that female population aged 15 and older: [3]

Femicide

The femicide rate in Ecuador has been increasing over the past decade, reaching a peak of 332 reported femicides in 2022 and staying relatively high ever since. [17] Although Ecuador's rate of 1.2 femicides per 100,000 women is lower than the United States (which in 2023 reported a femicide rate 2.6 per 100,000 women), a 2017 study published in the Qualitative Sociology Review found that Ecuadorian women often under reported abuse because they do not trust Ecuador’s legal institutions; thus, it is largely considered that for crimes such as domestic violence, Ecuadorian men “are able to act with impunity.” [2]

According to the 2022 report on femicides in Ecuador by the Asociación Latinomericana para el Desarrollo Alternativo (ALDEA), the vast majority of perpetrators have an existing relationship with the victim. [18]

Awareness campaigns

In 2010, the Transitional Commission to the National Council for Women and Gender Equality decided to scale up the campaign "Reacciona Ecuador, el machismo es violencia" (React, Ecuador — Machismo is Violence) The initiative aimed to deliver a clear and direct call to break away from the social and cultural inertia that normalized machismo. As part of this effort, an audiovisual production was created, including television and radio ads. These pieces were notable for presenting the issue of machismo in an uncommon and striking way, conveying powerful messages that illustrated gender inequality and the violent treatment many women endure. [19]

In 2013, the “Ecuador actúa ya. Violencia de género, ni más”(Ecuador Acts Now: No More Gender-Based Violence) campaign was launched under the leadership of the Ministry of the Interior. The initiative focused specifically on violence against children and adolescents. During the first quarter of 2014, the campaign was broadcast across television networks and shown in movie theaters throughout the country. It featured four public service announcements addressing different forms of abuse, including physical and sexual violence, general violence, and peer-to-peer aggression. [20]

In 2022, the campaign "¡Rompe el silencio!, llama al 9-1-1" (Break the Silence! Call 9-1-1) was launched as part of a national effort to combat domestic violence. This initiative, led by Ecuador’s ECU-911 emergency response system, aims to raise public awareness by sharing messages through its official communication channels. The campaign encourages citizens to take an active role in preventing and reporting domestic abuse. Its core message urges people to take action if they witness violence in their neighborhoods, families, or social circles. [21]

Although prohibited by law, domestic violence in Ecuador is widespread, identified as a pervasive issue and its prevalence remains high, [22] while case resolution rates continue to be low. Testimonies from both survivors and justice system professionals highlight the urgent need for improved training of officials and the allocation of sufficient resources to the institutions responsible for enforcing the law. Cultural and social barriers still pose major obstacles to reporting abuse and ensuring effective intervention. [23] [24] [25] [16]

Evaluations of public policies indicate that, although there are some promising prevention programs and victim support services in place, their impact varies significantly depending on the region and the availability of resources. Awareness campaigns have contributed to shifting certain public attitudes, but a sustained effort is still needed to challenge and dismantle the deep-rooted cultural norms that perpetuate domestic violence. [26]

Family courts can impose fines for domestic violence, and have the power to remove an abusive spouse from the home. [22] Ecuador has created specialized judicial units under the Ministry of Justice, with judges specializing in family violence. Serious cases of abuse can be referred to the Office of the Public Prosecutor for prosecution. [22]

The Judicial Council expanded judicial coverage. There were 357 judges with the authority to oversee and resolve these cases, including 115 who are specialized in this area.Across the country, 173 judicial units handle cases of violence against women and family members—39 are specialized units, and 134 have general jurisdiction. Additionally, 240 professionals, including doctors, psychologists, and social workers, form technical teams that offer support services to victims. [27]

Between 2014 and 2023, Ecuador’s Judicial Council recorded 498,344 cases of violence against women or family members. However, only 31.63% of these (157,689 cases) resulted in a formal sentence, leaving over 340,000 cases unresolved. Notably, 51.32% of the rulings issued were acquittals, suggesting that a significant number of complaints did not lead to sanctions. This may reflect a broader issue within the judicial system, such as a lack of understanding or sensitivity to the power imbalances and coercive dynamics that often characterize gender-based violence. [28]

La Ley Contra la Violencia a la Mujer y la Familia (Law on Violence against Women and the Family) is Ecuador's principal law dealing with domestic violence. [29] In addition, a new Criminal Code came into force in 2014, which also addresses domestic violence. [30]

Intersection with the Ecuadorian state

There have been a couple of highly publicized cases of domestic violence in Ecuador in the past 10 years, a number of which have been complicated by law enforcement either inhibiting the investigation process or directly perpetrating the crime. [26] [32] [25] [33] [34] Even when law enforcement does investigate these crimes, the Ecuadorian protocol for investigating domestic violence—and gendered-violence as a whole—often revictimizes the person who has reported the crime. [26]

Activism at the intersection

Salomé Aranda

One high-profile case of domestic abuse occurred in October 2020, when an indigenous activist, Salomé Aranda, “responded” to the chronic abuse of her partner, Abel Vargas. [32] [35] [36] Aranda’s defense resulted in her arrest because Vargas reported her to the police. In the investigation, both parties were found to have been physically harmed, but there was no evaluation of their mental well-being. Aranda received an expedited sentence of 10 days, following the guidelines of Ecuador’s Comprehensive Organic Criminal Code. Aranda maintained that she was not being tried fairly. [36]

Those defending Aranda claim that the Ecuadorian justice system’s treatment of her during this process violated her constitutional rights to liberty because it did not take into account her specific identity as an indigenous woman and her lower socio-economic status. [35] Additionally, in support of Aranda, Amnesty International wrote, we are “concerned about the lack of progress in relation to the attacks and threats that Salomé Aranda faced for her work to defend human rights related to the environment.” [36] The attacks referred to here are from May 2018 when Salomé Aranda and her family were physically attacked and threatened while in their home because of her involvement with the Amazonian Women collective. [37] Aranda and three other members of Amazonian Women faced a series of violence and threats of violence following their protests defending indigenous territories from the expansion of oil fields. All four women filed a complaint with the police, but the investigations into the attackers’ identities were never conclusive. In response to this, Erika Guevara-Rosas, the Americas Director at Amnesty International, says that “Despite the promises of [the Ecuadorian] government, the lack of will to seriously investigate these attacks against human rights defenders and provide them with adequate protection sends a clear message to society: that these crimes are tolerated in Ecuador.” [37]

María Belén Bernal

Appearance of Mrs. Elizabeth Otavalo Paredes, mother of citizen Maria Belen Bernal Otavalo (+) at Session No. 799 of the Plenary Session of the National Assembly SESION NO. 799 DEL PLENO DE LA ASAMBLEA NACIONAL. ECUADOR, 27 DE SEPTIEMBRE DE 2022 (52389124794).jpg
Appearance of Mrs. Elizabeth Otavalo Paredes, mother of citizen María Belén Bernal Otavalo (+) at Session No. 799 of the Plenary Session of the National Assembly

Another high-profile case of femicide occurred on September 21, 2022, when the body of lawyer María Belén Bernal was found 5 km from a police facility in Quito where her husband, police lieutenant Germán Cáceres, was working. [25] [38] [39] At the time of her death, Bernal was 34; she and Cáceres had been together for 6 years. [38] Bernal was a criminal defense lawyer and a mother to a 12-year-old son from a previous relationship. Bernal was murdered by Cáceres 10 days prior, on September 11, when she had visited him at the police facility where he was in charge of training young officers. Although multiple people in the building reported hearing a woman’s screams from his room, Cáceres was allowed to come and go from the building freely in the days after. Two days after Bernal had last been seen, Cáceres formally reported that she was missing. Cáceres was questioned on September 14, but he disappeared after his interview, triggering a nationwide manhunt. When he was found and brought into custody three months later, he was adamant that he was the sole perpetrator of this femicide. [40] [34] Cáceres was sentenced to 34 years in prison. [41]

In the weeks following the discovery of Bernal’s body, protests took place in cities around Ecuador

calling for an end to femicide. [38] To feminist activists, and to Bernal’s own mother, Bernal’s murder was not only a matter of domestic violence but also an example of how Ecuador’s justice system fails to protect women from gender-based violence. In this case, it was a state agent who was the perpetrator of such harm. [34] The women who protested, carried signs with messages like "Ni Una Menos" or "Vivas Nos Queremos" which translated are "Not one less" and "We want each other alive" respectively. [34] News outlets report that hundreds of women protesting outside of the National Police Headquarters in Quito joined together in the chant: “What does it take to be a policeman? To be a murderer by night and by day!” [42]

Social media and relevance today

The slogans "Ni Una Menos" and "Viva Nos Queremos" are still prominent hashtags for Ecuadorian activists against gender-based violence, now joined by the hashtag “#BastaDeImpunidad” translated to "#StopImpunity" as the role of the Ecuadorian government is increasingly scrutinized. [43] Violence against women remains a stringent issue in Ecuador today; ALDEA reports that 27 of the femicides committed in 2024 took place after domestic violence had been reported to the police or restraining orders had been filed. [43] In the same report, ALDEA warns that femicides in Ecuador seem to be on the rise as 40 femicides occurred in the month of January alone. [43]

See also

References

  1. ↑ "Domestic abuse is a gendered crime". Women’s Aid. Retrieved 2025-03-16.
  2. 1 2 Boira, Santiago; Tomas-Aragones, Lucia; Rivera, Nury (2017-07-31). "Intimate Partner Violence and Femicide in Ecuador". Qualitative Sociology Review. 13 (3): 30–47. doi: 10.18778/1733-8077.13.3.03 . ISSN   1733-8077.
  3. 1 2 3 4 Camacho, Gloria (2014). La violencia de género contra las mujeres en el Ecuador: Análisis de los resultados de la Encuesta Nacional sobre Relaciones Familiares y Violencia de Género contra las Mujeres[Gender-based violence against women in Ecuador: Analysis of the results of the National Survey on Family Relations and Gender-Based Violence against Women]. Quito, Ecuador: El Telégrafo. ISBN   978-9942-07-761-5.
  4. ↑ Roldós, María Isabel; Corso, Phaedra (August 2013). "The Economic Burden of Intimate Partner Violence in Ecuador: Setting the Agenda for Future Research and Violence Prevention Policies". Western Journal of Emergency Medicine. 14 (4): 347–353. doi:10.5811/westjem.2013.2.15697. PMC   3735382 . PMID   23930148.
  5. ↑ Mexico Country Office (2011). "Convención sobre la Eliminación de todas formas de Discriminación contra la Mujer (CEDAW)" [Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)]. ONU Mujeres – México (in Spanish). Retrieved 2025-03-28.
  6. ↑ Consejo Nacional para la Igualdad de Género. (1981). Convención Sobre Eliminación De Toda Discriminación Contra La Mujer [Convention On The Elimination Of All Discrimination Against Women]. https://www.igualdadgenero.gob.ec/wp-content/uploads/2018/06/CONVENCION-SOBRE-ELIMINACION-DE-TODA-DISCRIMINACI%C3%93N-CONTRA-LA-MUJER.pdf
  7. ↑ OAS (2009-08-01). "OAS - Organization of American States: Democracy for peace, security, and development". www.oas.org. Retrieved 2025-03-28.
  8. 1 2 Consejo de Igualdad Intergeneracional. (2018). Ley Para Prevenir Y Erradicar La Violencia Contra Las Mujeres [Law To Prevent and Eradicate Violence Against Women]. https://www.igualdad.gob.ec/wp-content/uploads/downloads/2018/05/ley_prevenir_y_erradicar_violencia_mujeres.pdf
  9. ↑ "Beijing Declaration and Platform for Action, Beijing +5 Political Declaration and Outcome". UN Women – Headquarters. 2025-03-06. Retrieved 2025-03-28.
  10. ↑ Subsecretaría de Prevención y Erradicación de la violencia contra las mujeres, niños, niñas y adolescentes (2022). "PLAN NACIONAL para Prevenir y Erradicar la Violencia contra las Mujeres 2020-2030" [NATIONAL PLAN to Prevent and Eradicate Violence against Women 2020-2030] (PDF). Secretaria de Derechos Humanos.
  11. ↑ "Ecuador: 2008 Constitution in English". pdba.georgetown.edu. Retrieved 2025-04-08.
  12. ↑ Romero, Jacqueline Coromoto Guillén de; Castro, Luis Antonio García; Baque, Vielka Mayerli Ortiz; Carroz, Mariby C. Boscán (2024-12-31). "Violencia contra la mujer en Ecuador: una perspectiva desde la justicia social y legal" [Violence against women in Ecuador: a perspective from social and legal justice]. Jurídicas CUC (in Spanish). 20 (1): 448–466. doi: 10.17981/juridcuc.20.1.2024.21 . ISSN   2389-7716.
  13. ↑ Consejo Nacional para la Igualdad de Género, CNIG (2018). "Ley Orgánica Integral Para Prevenir y Erradicar la Violencia Contra las Mujeres: guía básica para entender y apropiarse de la Ley 175" [Comprehensive Organic Law to Prevent and Eradicate Violence Against Women: Basic guide to understanding and adopting Law 175]. Consejo Nacional para la Igualdad de Género.
  14. 1 2 Censos, Instituto Nacional de Estadística y Censos. "Encuesta de Violencia contra las mujeres" [Survey on Violence against Women]. Instituto Nacional de Estadística y Censos (in Spanish). Retrieved 2025-03-16.
  15. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2015-02-17. Retrieved 2015-02-22.{{cite web}}: CS1 maint: archived copy as title (link)
  16. 1 2 "National Protocol for Investigating Femicides and other Violent Deaths of Women and Girls in Ecuador: A Prosecutor's Approach | Spotlight Initiative". www.spotlightinitiative.org. Retrieved 2025-03-16.
  17. ↑ "Number of femicide victims in Ecuador 2023 | Statista". Statista. Archived from the original on 2025-01-02. Retrieved 2025-03-17.
  18. ↑ "Femicidios en Ecuador" (PDF). September 2022.
  19. ↑ Estévez, Mayra; Vega, Edgar; Pérez, Santiago (2011). Reacciona Ecuador, el machismo es violencia. Estudio de la Campaña [Ecuador reacts: machismo is violence. Campaign study]. Quito, Ecuador. p. 13. ISBN   978-9942-07-193-4.
  20. ↑ Lucas, Lourdes Mendieta (2022-01-14). "Políticas públicas contra la violencia de género y los problemas para su implementación: Caso de análisis Guayaquil-Ecuador" [Public policies against gender violence and the problems of their implementation: A case study in Guayaquil, Ecuador]. EHQUIDAD. Revista Internacional de Políticas de Bienestar y Trabajo Social (in Spanish) (17): 211–244. doi: 10.15257/ehquidad.2022.0008 . ISSN   2386-4915.
  21. ↑ "ECU 911 lanza campaña '¡Rompe el silencio!'; en 2022 se contabilizan 84.958 alertas de violencia intrafamiliar – Servicio Integrado de Seguridad ECU 911" [ECU 911 launches 'Break the Silence!' campaign; 84,958 domestic violence alerts were recorded in 2022 – ECU 911 Integrated Security Service]. www.ecu911.gob.ec (in Spanish). Archived from the original on 2024-11-05. Retrieved 2025-04-11.
  22. 1 2 3 "United States Department of State" . Retrieved 17 June 2023.
  23. ↑ Rodríguez, Betty Yolanda Klinger (2024-06-14). "El Marco Legal de la Violencia Familiar en Ecuador: Análisis y Efectividad" [The Legal Framework of Domestic Violence in Ecuador: Analysis and Effectiveness]. Reincisol. (in Spanish). 3 (5): 1515–1535. doi: 10.59282/reincisol.V3(5)1515-1535 . ISSN   2953-6421.
  24. ↑ "Ecuador: Factsheet Gender-based Violence - September 2024". UNHCR Operational Data Portal (ODP). Retrieved 2025-03-16.
  25. 1 2 3 Dispatch, Peoples (2022-09-24). "Femicide of María Belén Bernal sparks outrage in Ecuador : Peoples Dispatch". Peoples Dispatch. Archived from the original on 2024-05-26. Retrieved 2025-03-16.
  26. 1 2 3 "Ecuador". United States Department of State. Retrieved 2025-03-16.
  27. ↑ Master, Web. "Sistema de justicia especializada contra la violencia a la mujer cumple 10 años de vigencia – Consejo de la Judicatura" [Specialized justice system against violence against women celebrates 10 years of existence – Judicial Council] (in Spanish). Retrieved 2025-04-18.
  28. ↑ "Estado de la situación de capacidades y enfoque de género de Unidades Judiciales en el proceso de casos de violencia" [Status of the situation of capacities and gender approach of Judicial Units in the processing of cases of violence]. UNDP (in Spanish). Retrieved 2025-04-18.
  29. ↑ "Ley Nº 103/1995. Ley Contra la Violencia a la Mujer y a la Familia" [Law No. 103/1995. Law Against Violence Against Women and the Family]. UNESCO (in Spanish). Retrieved 17 June 2023.
  30. ↑ "Registro Oficial Nº 180" [Official Registry No. 180](PDF). asambleanacional.gob.ec (in Spanish). Retrieved 17 June 2023.
  31. 1 2 "International Centre for Missing & Exploited Children; Ecuador National Legislation Updated" (PDF). January 2021.
  32. 1 2 "Statement on Violence and Deprivation of Freedom Against Forest Defender Salomé Aranda | Amazon Watch". Amazon Watch. 2020-10-30. Archived from the original on 2023-07-26. Retrieved 2025-03-17.
  33. ↑ "Drumming against gender-based violence in Ecuador". UNHCR. Retrieved 2025-03-17.
  34. 1 2 3 4 Dispatch, Peoples (2023-09-13). ""Not one woman less!": Ecuadorian women march against gender-based violence : Peoples Dispatch". Peoples Dispatch. Archived from the original on 2024-07-12. Retrieved 2025-03-17.
  35. 1 2 "Ecuadorian justice system must act with due diligence in investigation of gender-based violence". Amnesty International. 2020-11-04. Retrieved 2025-03-17.
  36. 1 2 3 "ECUADORIAN JUSTICE SYSTEM MUST ACT WITH DUE DILIGENCE IN INVESTIGATION OF GENDER-BASED VIOLENCE" (PDF). Amnesty International. November 4, 2020.
  37. 1 2 "Ecuador: Amazonian Women risk their lives to defend the environment". Amnesty International. 2019-04-30. Retrieved 2025-03-17.
  38. 1 2 3 Schmidt, Samantha; Durán, Diana (2022-09-21). "A lawyer disappeared from a police academy. Her body was just found". The Washington Post. ISSN   0190-8286 . Retrieved 2025-03-17.
  39. ↑ "María Belén Bernal: Ecuadorian authorities find body of missing lawyer". 2022-09-22. Retrieved 2025-03-17.
  40. ↑ Telégrafo, El (2023-01-12). "Germán Cáceres aceptó haber asesinado a María Belén Bernal, según el abogado Jesús López" [Germán Cáceres admitted to having murdered María Belén Bernal, according to lawyer Jesús López.]. El Telégrafo (in European Spanish). Retrieved 2025-03-17.
  41. ↑ swissinfo.ch, S. W. I. (2024-12-25). "Cambian de cárcel a expolicía condenado por el femicidio de su esposa en Ecuador" [Former police officer convicted of his wife's murder transferred to prison in Ecuador]. SWI swissinfo.ch (in Spanish). Retrieved 2025-03-17.
  42. ↑ "Police crisis in Ecuador worsens after femicide case - Prensa Latina". 2022-10-03. Retrieved 2025-03-17.
  43. 1 2 3 "2024, año mortal para mujeres y niñas en Ecuador: al menos 274 feminicidios" [2024, a deadly year for women and girls in Ecuador: at least 274 femicides]. ALDEA (in Spanish). 2025-01-28. Retrieved 2025-03-17.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.