Self-Defense and Chronic Domestic Violence in Ecuador: A Comparative Analysis
This study examines self-defense in cases of chronic domestic violence in Ecuador, focusing on the legal challenges surrounding its application as a form of resistance in non-confrontational contexts, and its comparative treatment in Argentina and Chile. Although Ecuador has ratified interna- tional...
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| Formato: | article |
| Lenguaje: | spa |
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2026
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| Acceso en línea: | https://revistas.uasb.edu.ec/index.php/foro/article/view/5759 |
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Agregar Etiqueta | Sumario: | This study examines self-defense in cases of chronic domestic violence in Ecuador, focusing on the legal challenges surrounding its application as a form of resistance in non-confrontational contexts, and its comparative treatment in Argentina and Chile. Although Ecuador has ratified interna- tional treaties such as the Convention of Belém do Pará and CEDAW, the Organic Law to Prevent and Eradicate Violence against Women and the Organic Comprehensive Criminal Code lack provisions that offer a proper evidentiary framework to recognize self-defense in repeated violence sce- narios. While there are institutional guides and manuals, these lack binding legal authority to override organic laws, leaving women exposed to struc- tural violence and the ineffectiveness of conventional protection measu- res. In contrast, Argentina and Chile represent jurisprudential progress by incorporating the “battered woman syndrome” into their legal systems and reinterpreting the classical elements of self-defense from a gender perspective. The study concludes that the restrictive application of self-defense in Ecuador re-victimizes women and underscores the need for legal reform that acknowledges their ongoing state of danger and the legitimacy of a single defensive opportunity. The research was conducted using a qualitative methodology based on documentary analysis, semistructured interviews, and comparative legal review. |
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