Procedimiento penal de la violencia contra la mujer y la perspectiva de género

Abstract

This paper addresses the criminal procedure applied to cases of violence against women from a gender perspective, aiming to analyze how the Ecuadorian justice system responds to this structural phenomenon. Gender violence is not an isolated act, but rather a manifestation of unequal power relations that have historically subordinated women and are reproduced even within the judicial system. Despite regulatory advances such as the "Comprehensive Organic Law to Prevent and Eradicate Violence against Women" (LOIPEVIM), the effective implementation of a gender perspective in criminal proceedings continues to face serious limitations. Many victims continue to be revictimized by facing bureaucratic barriers, distrust of authorities, and a generic application of protection measures that fail to consider their actual risk context.

The Comprehensive Organic Criminal Code (COIP) criminalizes various crimes of gender violence, such as physical, psychological, sexual, and property violence, and establishes immediate protection mechanisms. However, recent studies reveal that, although the number of complaints has increased, a high rate of impunity persists due to the slowness of the proceedings, the lack of gender training among judicial officials, and social pressure that discourages women from pursuing legal action. Furthermore, specialized judicial units, although a step forward, do not always apply feminist criteria that allow for an understanding of the severity of the harm caused. This paper seeks to reflect on the need to transform the criminal justice system from a punitive approach to one centered on human rights, where the gender perspective is not merely a formal requirement, but a transformative tool to guarantee real justice for women victims of violence