Estudio normativo de las infracciones de violencia de genero desde el principio de interseccionalidad

Abstract

This research, entitled “Normative Study of Gender-Based Violence Offenses from the Perspective of the Principle of Intersectionality,” aims to analyze the Ecuadorian legal framework regarding gender-based violence offenses, evaluating whether it adequately incorporates the principle of intersectionality. This principle recognizes that multiple vulnerability factors—such as ethnicity, class, age, disability, sexual orientation, among others—intersect and intensify the violence experienced by many women, especially within structurally unequal contexts. The study was conducted using a qualitative approach, employing legal and jurisprudential review as well as interviews with legal experts. Findings indicate that, although Ecuador has made significant progress with the enactment of the 2008 Constitution, the Comprehensive Organic Criminal Code (COIP) in 2014, and the Organic Law for the Prevention and Eradication of Violence against Women (LOIPEVCM) in 2018, normative and technical gaps remain that hinder the systematic application of the intersectional approach. The interviews reflect consensus among specialists on the urgent need for legal reforms, clear protocols, and training with a gender and intersectional perspective. It is concluded that, while the current legal framework is progressive, it is still insufficient to ensure effective and restorative justice that reflects the diverse experiences of victims. The mandatory incorporation of the principle of intersectionality as a transversal normative and procedural axis is essential to eradicate revictimization practices and to advance toward truly inclusive justice.