Hermeneutic epistemic injustice towards women-victims of sexual and physical violence in Ecuador's justice administration system
Within the justice system, asymmetrical power relations make the testimonies of women/victims of harassment and sexual and domestic violence appear unconvincing to courts and judges. Based on an analysis of an action for protection and two court rulings, this article reveals a framework of epistemic...
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| Format: | article |
| Language: | spa |
| Published: |
2025
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| Subjects: | |
| Online Access: | https://revistas.iaen.edu.ec/index.php/estado_comunes/article/view/368 |
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| Summary: | Within the justice system, asymmetrical power relations make the testimonies of women/victims of harassment and sexual and domestic violence appear unconvincing to courts and judges. Based on an analysis of an action for protection and two court rulings, this article reveals a framework of epistemic (contextual) and hermeneutic (interpretative) injustice. The testimonies of the victims of gender-based violence were listened to with scepticism and were not understood. The rulings reveal three common elements that run through Ecuador’s justice system: 1) despite the facts of violence and the proven involvement of the aggressors, the interpretation is inadequate, and the harm caused to the victim is not confronted; 2) the application of the law favours men over women; 3) in the courts, the understanding of the harm to the victim is often not approached from a gender-based violence perspective. |
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